Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2026

Administered by Department of Finance

Legislation au F2026L00569 Regulations In force Legislative Instrument

Legislation content

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. 4) 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. 4) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations in relation to certain activities to be administered by the Department of Home Affairs and the National Emergency Management Agency.

 

Funding will be provided for the:

  • National Messaging System program to support the implementation of automated voice messaging, enabling the delivery of recorded voice messages to landline services for cohorts without access to mobile devices ($10.0 million over five years from 2025-26); and
  • East Melbourne Synagogue program to strengthen communal life and promote broader social harmony through capital works and the renewal of the community centre, alongside a series of community initiatives that enhance social cohesion and engagement ($5.3 million over three years from 2025-26).

 

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 and the National Emergency Management Agency.

 

Attachment A

 

Details of the Financial Framework (Supplementary Powers) Amendment

(Home Affairs Measures No. 4) 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. 4) Regulations 2026.

 

Section 2 – Commencement

 

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

 

Section 3 – Authority

 

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

 

Section 4 – Schedules

 

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

 

Schedule 1 – Amendments

 

Financial Framework (Supplementary Powers) Regulations 1997

 

The items in Schedule 1 amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Home Affairs and the National Emergency Management Agency.

 

Amended table item 572 – National Messaging System

 

Item 1 – Part 4 of Schedule 1AB (table item 572, column headed “Objective(s)”)

 

Table item 572 in Part 4 of Schedule 1AB establishes legislative authority for government spending on the National Messaging System (NMS), administered by the National Emergency Management Agency (the agency).

 

Item 1 amends table item 572 by omitting “cell broadcast” in the column headed “Objective(s)”. The amendment expands the scope of the NMS delivery by removing the restriction to cell broadcast messaging only, enabling the implementation of Automated Voice Messaging (AVM) through landline technology.

 

The NMS is a Commonwealth capability designed to support the timely dissemination of official emergency and public safety messages to the Australian public via mobile devices. Its objective is to enhance the Commonwealth’s ability to rapidly, reliably, and securely communicate critical information during emergencies. Messages issued through the NMS are currently delivered using cell broadcast technology, which allows mobile carriers to transmit alerts to all compatible devices within a defined geographic area without the use of phone numbers or the need for users to opt in.

 

The amended NMS will implement an AVM, enabling the delivery of recorded voice messages to landline services to support communities in regional and remote areas with limited mobile network reliability, as well as marginalised cohorts without access to a mobile device. The AVM will maintain intrusive warning capability, meaning that no opt-in is required to receive, for regional, remote and marginalised communities when responding to emergency, disaster, or nationally significant events. Together under the NMS, the AVM contributes to creating a multi‑channel national messaging approach to ensure messages can reach Australians through different technologies and communication preferences.

 

The objectives of including an AVM in the NMS are to:

  • ensure that Australia maintains the same level of telephony-based warning capability when emergency management agencies transition from emergency alert to cell broadcast NMS;
  • support the timely delivery of official emergency and public safety messaging to the Australian public, including during emergencies and significant national events; and
  • improve accessibility and reach of government communications, including for people who rely on voice-based communication channels and who do not have access to a reliable mobile network.

 

AVM supports the Government’s broader policy agenda to strengthen Australia’s resilience to natural hazards and improve preparedness to respond to disasters. It delivers a trusted and accessible mechanism for communicating with regional and remote communities during emergencies and other significant national or regional events. AVM capability aligns with whole-of-government objectives to strengthen national resilience and ensures that critical information can be delivered rapidly and inclusively, including to individuals who may not have access to digital channels.

 

Funding for AVM will support the design, build and integration of AVM capability within the NMS to enable emergency and public safety messages to be delivered to landline telephones. The capability will primarily be used by state and territory emergency management agencies in regional and remote areas, and in locations with limited mobile device access or coverage.

 

Funding will support the procurement and initial establishment of a solution, including contract commencement, discovery and design activities to ensure the platform is
fit-for-purpose and interoperable with existing NMS infrastructure.

 

Expenditure will also fund specialist technical and commercial advisory services to support management of the procurement lifecycle. Technical subject matter expertise will be engaged to finalise requirements, assess supplier solutions, and ensure technical and operational reliability of the AVM capability. Additional supplier costs will include probity and legal advice. Access to the AVM capability will be restricted to authorised government users and will be used for emergency and public safety messaging only.

 

AVM capability will be evaluated as part of the broader NMS system performance monitoring, which includes built-in reporting on system usage, frequency of message delivery, and authorised users by jurisdiction. As AVM delivers messages directly to registered landlines using the Integrated Public Number Database, the solution will also be required to provide jurisdiction-level reporting on the number of voice messages delivered, supporting ongoing assessment of reach, effectiveness, and value for money after the funding period.

 

Funding amount and arrangements, merits review and consultation

 

Funding of $10.0 million in 2025-26 for the NMS was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Disaster Support’. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025 PEFO at page 261.

 

Funding for this item will be spent over a five-year period from 2025-26 and will come from Program 1.1: Disaster Support, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Home Affairs Portfolio (National Emergency Management Agency) at page 174.

 

Expenditure for AVM will be undertaken through procurement using an open approach to market, consistent 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 Procurement Rules 2025 (CPRs).

 

AVM expenditure will be administered by the agency as part of its broader program of NMS delivery. The services to be procured include the build, integration and maintenance of AVM functionality within the NMS, enabling voice messaging capability to landlines as part of the broader NMS service. Consistent with internal planning and subject to finalisation of the procurement process, expenditure is expected to commence in 2025-26.

 

Information about procurement opportunities, including approach to market documentation and resultant contracts, will be made publicly available on BuyICT’s website (www.buyict.gov.au/public) once stages of the procurement process are reached and contracts are executed, in accordance with the CPRs. Pending procurement processes, any resulting contract will be reported on AusTender (www.tenders.gov.au) within 42 days of the execution date to ensure transparency.

 

Final decisions regarding Commonwealth expenditure for AVM will be made by the Accountable Authority of the agency, or an appropriate delegate, in accordance with the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act) and the Accountable Authority Instructions. Delegate approval signifies agreement that the procurement represents value for money and complies with the Commonwealth resource management framework. For the purposes of the AVM procurement, the delegate and final decision-maker is the Deputy Coordinator-General (Senior Executive Service (SES) Band 3 level), Emergency Management and Response Group. The Deputy Coordinator-General is responsible for emergency management and coordination operations within the agency and has the appropriate financial delegations to undertake this function.

 

Procurement decisions made in relation to the AVM are not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, 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 remaking of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex, impractical, and could result in delays to providing services to platform users. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.  

 

The review and audit processes undertaken by the Australian National Audit Office (ANAO) also provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

 

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.

 

Consultation has been undertaken within government entities and with relevant technical experts. Engagement has been led by the agency with all state and territory governments through their respective Premiers’ Departments and/or Emergency Management Agencies. These entities are considered primary stakeholders, reflecting the role of state and territory governments as first responders to natural emergencies and hazards within their jurisdictions and as the principal users of NMS and AVM capability.

 

Consultation with states and territories on an AVM capability occurred alongside the Intergovernmental Agreement development process which took place from February to December 2025. Through this process, states and territories provided consistent and aligned feedback that an AVM capability is necessary to enable retirement of Emergency Alert (the existing telephony-based warning system which is nearing end of its life).

 

Technical consultation has also occurred with Mingara Australasia, a private company that has been contractually engaged to provide subject‑matter expertise to the Australian Government in delivering the NMS, and with Everbridge as supplier of the software platform on which the NMS is being built. This engagement confirmed the technical feasibility of delivering an AVM capability alongside the NMS.

 

In addition, consultation has occurred with Telstra, as the party contractually responsible for delivering the NMS user interface. This consultation confirmed the technical viability of delivering AVM as a discretionary capability available for use alongside cell-broadcast, secured via access to the Integrated Public Number Database.

 

Broader public consultation was not undertaken, as delivery of AVM is designed to maintain the existing level of emergency and public safety messaging already being provided to Australians and does not reflect a change to the status quo.

 

Item 2 – Part 4 of Schedule 1AB (table item 572, at the end if the column headed “Objective(s)”)

 

Item 2 amends table item 572 by adding “, as a measure with respect to postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution)” at the end of the column headed “Objective(s)”. The amendment reflected that expenditure under the NMS is supported by the communications power of the Constitution.

 

Constitutional considerations

 

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

 

Communications power

 

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

 

The NMS will fund the establishment, maintenance and operation of the AVM, which will enable the Australian Government to send, or support state and territory governments to send, emergency and public safety messages to the public using landline and cell broadcast technology. 

 

Item 3 – Part 4 of Schedule 1AB (in the appropriate position in the table)

 

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

 

Table item 784 – East Melbourne Synagogue Program

 

New table item 784 establishes legislative authority for government spending on the East Melbourne Synagogue (EMS) Program (the EMS Program), which will be administered by the Department of Home Affairs (the department).

 

Due to recent global events, the EMS has noted rising antisemitism, security threats, and cultural shifts which have highlighted the urgent need for a secure, welcoming, and fully resourced Jewish hub. This is due to a surge in attendance at the EMS and increasing levels of antisemitic hate crimes targeting the building and its congregation, including an arson attack on 4 July 2025.

 

As a result, the EMS requested government support for the following three distinct initiatives:

  • security upgrades to the EMS;
  • a social cohesion and community engagement initiative; and
  • a synagogue capital works renewal project.

 

Table item 784 will support expenditure on the social cohesion and community engagement initiative and capital works renewal project.

 

Social cohesion and community engagement

 

The social cohesion and community engagement activity will strengthen social cohesion by fostering meaningful connections and increasing community participation, particularly in light of the increased antisemitic incidents affecting the synagogue and its members. Through a suite of community initiatives, the activity will strengthen Jewish communal life, foster greater understanding of Jewish history and culture, and promote social harmony across the broader Melbourne community. It will build on existing successes and develop new initiatives to:

  • foster inspired contributions and engagement within the Jewish community;
  • cultivate mutual respect and dialogue with diverse cultural and faith groups;
  • address social isolation, prejudice, and inequality;
  • position the synagogue as an oasis for inclusivity and cultural celebration in Melbourne’s vibrant ecumenical faith precinct; and
  • establish a replicable model for other Australian cities and precincts to emulate.

 

Specific initiatives supported by the social cohesion and community engagement activity include:

  • Community engagement and friendships;
    • food, faith and friendship focusing on the expansion of Rintel’s Diner to support connection and community interaction;
    • arts and culture for cohesion supports the expansion of programs and activities hosted at the Synagogue, with reach beyond the Jewish community;
    • community care network which involves training and coordinating volunteers to support elderly, isolated, or vulnerable people of all faiths and backgrounds in the area; and
    • harmony through sports to support the expansion and formalisation of sports‑faith events.
  • Education and dialogue;
    • interfaith roundtables will be expanded to build on the existing forum and include structured discussions on shared values and joint service projects;
    • adult education activities will involve the delivery of public lectures and seminars on ethics, civic responsibility, and social responsibility, featuring a diverse range of community faith leaders and ethicists; and
    • open days and interfaith collaborations for key communal events will be increased through a greater number of joint initiatives, such as the hosting of the Opening of the Legal Year.
  • Youth and next generation;
    • expansion of the existing school visit program; and
    • a youth leadership academy.

 

Capital works renewal project

 

The EMS building is one of the earliest places of worship in Australia and tells the unfolding story of faith and community in Melbourne. It was the site of the Bar Mitzvah of General Sir John Monash and has welcomed countless dignitaries, migrants, and seekers over 145 years. It is the only synagogue in Melbourne’s Central Business District (CBD) and north of the Yarra, it serves professionals, students, families, hospital patients, travellers, and inner-city residents who are otherwise disconnected from any Jewish institutions.

 

The capital works renewal activity will build a community centre around the synagogue building and support the restoration and renewal of the culturally and historically significant EMS, transforming it into a community hub at the centre of a vibrant multicultural precinct.

 

This funding activity will support the establishment of:

  • a community hall developed as a state-of-the-art multipurpose venue to support lifecycle events, educational lectures, and cultural activities;
  • a mikvah established as the first kosher mikvah in the CBD, ensuring the essential continuity of Jewish family and religious life;
  • a youth mezzanine providing a safe, purpose‑built indoor–outdoor space dedicated to children’s and youth learning, engagement, and connection;
  • a rooftop terrace offering a flexible space for celebrations, chuppah ceremonies, and an inner-city sukkah; and
  • kitchen facilities to support catering, welfare assistance, and food distribution activities.

 

Funding amount and arrangements, merits review and consultation

 

Funding of $5.3 million over three years from 2025-26 for the item will come from Program 2.5: Multicultural Affairs and Citizenship, which is part of Outcome 2. Details are set out in the Portfolio Additional Estimate Statements 2025-26, Home Affairs portfolio at page 35.

 

Funding will be provided to the EMS as a closed non-competitive grant. This approach is appropriate given the EMS own, operate and utilise the Synagogue and have an established relationship with the Jewish community in Melbourne.

 

The grant will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the Commonwealth Grants Rules and Principles 2024 (CGRPs). The Community Grants Hub, which is part of the Department of Social Services, will administer the grant opportunity process. The EMS will be responsible for delivering the program. The EMS will be directly invited to apply given their ownership of the building to deliver the program objectives.

 

The Community Grants Hub will first review the application for eligibility and compliance against the requirements of the process. The EMS 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. The department will undertake a preliminary 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 First Assistant Secretary, Office for Multicultural Affairs Division, is the decision-maker responsible for approving the Commonwealth expenditure and final spending decisions will be made under the FFSP Act, the PGPA Act and the Accountable Authority Instructions. The delegate is at SES Band 2 level and have appropriate experience and knowledge to exercise this function. 

 

Information about the grant opportunity, including guidelines and outcomes, will be published on the GrantConnect website (www.grants.gov.au).

 

The department will assess the effectiveness of the grant opportunity by evaluating the extent to which the intended outcomes and objectives have been achieved. This evaluation will be conducted in line with the Commonwealth resource management framework, including the CGRPs.

 

The department may draw on information provided in the application, progress and final reports, as well as request additional information from the EMS as needed to better understand the impact of the grant and the success of the program in meeting its objectives.

 

The evaluation process may involve a desktop review and, where appropriate, be subject to independent scrutiny through mechanisms such as the ANAO’s review and audit processes. The department may also contact the EMS for further information for up to one year following the completion of the grant, to support ongoing evaluation and accountability.

 

Funding decisions made in connection with the grant program are not considered suitable for independent merits review because the funding will be delivered through a closed,
non-competitive grant to an organisation that the department has assessed as suitable. Merits review of decisions made in connection with the grant 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’s 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.

 

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 September 2025, following a rise in antisemitic incidents impacting the synagogue and its members, the EMS engaged with the Government to seek support for security upgrades at the synagogue, a renewal project for the facility, and initiatives to strengthen social cohesion and community engagement.

 

The Government responded through the EMS Program, which be administered through a closed, non-competitive process, with only the EMS invited to apply. The application will not be compared with those from other organisations.

 

The department will maintain ongoing consultation with the EMS to ensure the grant aligns with the organisation's requirements, addresses community needs, and achieves the intended objectives of the funding opportunity.

 

Public consultation was not conducted for this grant opportunity, as its impact is confined to the EMS and its immediate community. Given that the grant originated from a direct engagement between the Synagogue and the Government, broader consultation was deemed unnecessary and inappropriate.

 

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

 

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.

 

Australia has obligations under the International Convention on the Elimination of all Forms of Racial Discrimination (CERD), particularly Articles 2, 5 and 7.

  • Article 2 requires States Parties to condemn and eliminate racial discrimination in all its forms and to promote racial equality. It obliges States to prevent discriminatory conduct by public authorities and private actors, and to review and amend laws and policies that perpetuate racial discrimination. Where necessary, States may adopt temporary special measures to ensure equal enjoyment of human rights, provided these do not result in ongoing unequal or separate rights.
  • Article 5 requires States Parties to guarantee equality before the law and the equal enjoyment of civil, political, economic, social and cultural rights without racial discrimination. This includes access to justice, political participation, fundamental freedoms, employment, education, health, housing, and public places and services.
  • Article 7 requires States Parties to take effective measures, particularly through education, culture and information, to combat racial prejudice. It promotes understanding, tolerance and respect, and the principles of international human rights instruments, including this Convention.

 

The EMS Program will fund inclusive community infrastructure and engagement activities to promote social cohesion and counter racial discrimination, including in response to antisemitism.

 

The EMS Program will also promote equal participation in cultural and social life and by addressing prejudice by funding education and community engagement activities, such as interfaith dialogue, public education and open community access events.

 

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 EMS Program provides targeted Commonwealth funding to support social cohesion and community engagement through the renewal of culturally significant infrastructure and inclusive community initiatives. It supports national objectives relating to multicultural harmony, social inclusion and the prevention of racial discrimination, which are matters central to Australia’s national identity and the Commonwealth’s responsibilities.

 

The EMS Program addresses issues of national significance that extend beyond state and territory boundaries and are appropriately led by the Commonwealth. Its design supports a consistent and coordinated national approach to promoting social cohesion and 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. 4) Regulations 2026

 

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

 

Overview of the legislative instrument

 

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

 

The Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities administered by the Department of Home Affairs and the National Emergency Management Agency.

 

This disallowable legislative instrument makes the following amendments to Part 4 of Schedule 1AB:

  • amends table item 572 ‘National Messaging System’; and
  • adds table item 784 ‘East Melbourne Synagogue Program’.

 

Amended table item 572 – National Messaging System

 

The amended table item 572 establishes legislative authority for government spending on the National Messaging System (NMS).

 

The NMS is a Commonwealth capability designed to support the timely dissemination of official emergency and public safety messages to the Australian public in a faster, more reliable, and secure manner via mobile devices. Most messages are currently delivered using cell broadcast, which enables mobile carriers to send messages to all compatible devices within a defined geographic area without using phone numbers or requiring users to opt in.

 


The amended table item 572 will support the implementation of Automated Voice Messaging (AVM) as part of the NMS delivery. AVM will provide the capacity to deliver recorded voice messages to landline services, supporting communities in regional and remote areas with limited or unreliable mobile network coverage, as well as marginalised cohorts without access to mobile devices.

 

Funding of $10.0 million over five years from 2025-26 for the NMS will support the design, build and integration of AVM capability to enable emergency and public safety messages to be delivered to landline telephones.

 

Human rights implications

 

The amended table item 572 engages the following rights:

  • the right to privacy – Article 17 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2;
  • the right to freedom of expression – Article 19 of the ICCPR;
  • the rights to life and to safety and security of a person – Articles 6 and 9 of the ICCPR;

 

Right to privacy

 

Article 2(2) of the ICCPR provides that ‘..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 17 of the ICCPR states that ‘no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks’.

 

The amended table item 572 engages the right to privacy as the NMS involves the collection, use and disclosure of personal information (including addresses and phone numbers) from the Integrated Public Number Database under section 295V of the Telecommunications Act 1997, and the delivery of unsolicited voice communications to individual’s landline telephones without opt-in. This may constitute an interference with information and communications privacy, but is a permissible limitation prescribed by law.

 

While rights to privacy and freedom of expression may be limited by AVM, it also facilitates the rapid dissemination of emergency warning information and calls to action during natural disaster and other hazard or emergency responses, promoting life and public safety. This is achieved by enabling information to be received by communities that have limited or unreliable access to mobile networks, primarily in regional and remote communities. These communities are often more exposed to severe natural hazards and experience greater cumulative impacts due to geographic isolation, sparse populations and larger service catchments. Protection of life and public safety are recognised under international human rights law as legitimate grounds for limiting non-absolute rights, including privacy.

 


On balance, the limitations presented by AVM are considered proportionate as the personal information engaged is limited to what is necessary to deliver emergency and public safety messages, and its use, as defined in the Telecommunications Act 1997, is confined to authorised emergency service personnel for emergency and hazard responses. Accordingly, while AVM involves an interference with privacy, that interference is lawful, directed to a legitimate objective, rationally connected to that objective, and proportionate.

 

Right to freedom of expression

 

Article 19 of the ICCPR states that:

  • everyone shall have the right to hold opinions without interference; and
  • everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

 

The amended table item 572 engages the right of freedom and expression as the NMS enables the dissemination of critical emergency warning information and calls to action to the public. The system supports timely access to life-saving information during emergencies, and hazard responses.

 

Rights to life and to safety and security of a person

 

Article 6(1) of the ICCPR states that every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Article 9(1) of the ICCPR states that everyone has the right to liberty and security of person.

 

The amended table item 572 engages the rights to life and to safety and security of a person as the AVM’s purpose is to rapidly warn individuals of emergencies or hazards and provide instruction designed to protect life and promote physical, property, and environmental safety. Measures that enhance government’s capacity to prevent loss of life through emergency communications are directly connected to the positive obligation to protect life. Additionally, the AVM supports individual’s ability to take protective action in response to their personal safety arising from natural disasters, hazards, or other emergencies.

 

The amended table item 572 is compatible with human rights because it promotes the protection of human rights.

 

Table item 784 – East Melbourne Synagogue Program

 

New table item 784 establishes legislative authority for government spending on the East Melbourne Synagogue (EMS) Program (the EMS Program).

 

Due to recent global events, the EMS has noted rising antisemitism, security threats, and cultural shifts which have highlighted the urgent need for a secure, welcoming, and fully resourced Jewish hub. The EMS Program aims to strengthen Jewish communal life and wider social harmony through a series of vibrant community initiatives to improve knowledge and understanding of Jewish history and the Jewish community.

 

Funding of $5.3 million over three years from 2025-26 will be provided for the EMS Program to support two initiatives:

  • Social cohesion and community engagement program – to nurture social cohesion and encourage greater community participation, particularly in light of the increased antisemitic incidents affecting the synagogue and its members. Through a suite of community programs, it will strengthen Jewish communal life, foster greater understanding of Jewish history and culture, and promote social harmony across the broader Melbourne community.
  • Capital works program – to support the EMS to complete the capital works project to build a community centre around the synagogue building. The synagogue building is one of the earliest places of worship in Australia and tells the unfolding story of faith and community in Melbourne. The investment will support the restoration and renewal of the culturally and historically significant EMS, transforming it into a community hub at the centre of a vibrant multicultural precinct.

 

Human rights implications

 

Table item 784 engages the rights relating to the elimination of racial discrimination, and the development and protection of racial groups – Article 5 and 7 of the Convention on the Elimination of Racial Discrimination (CERD), read with Article 2.

 

Rights relating to eliminating racial discrimination

 

Article 2(2) of CERD states that:

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. Such 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 5 of the CERD states that:

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

…

(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;

…

(d) Other civil rights, in particular:

…

(vii) The right to freedom of thought, conscience and religion; and

(vi) The right to equal participation in cultural activities;

 


Article 7 of CERD states that:

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…

 

By funding inclusive community infrastructure and education‑focused engagement initiatives, table item 784 counters racial discrimination by promoting social cohesion and equal participation in cultural and social life, consistent with Articles 2 and 5. This is consistent in particular with Article 2(2) of the CERD which provides for States Parties to respond to certain inequalities or discrimination experienced by a racial group. Given the recent rise in antisemitism in Australia, it is appropriate that funding is allocated to support the development and protection of Jewish communal life at the EMS in response.

 

The EMS Program also supports Article 7 by addressing prejudice through education, cultural activities and inter‑community dialogue, promoting tolerance, mutual respect and social cohesion in line with Australia’s international human rights commitments.

 

Table item 784 is compatible with human rights because it promotes the protection of human rights.

 

Conclusion

 

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

 

 

 

 

Senator the Hon Katy Gallagher

Minister for Finance

 

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.