Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development, Communications, Sport and the Arts Measures No. 3) Regulations 2025

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Infrastructure, Transport, Regional Development, Communications, Sport and the Arts 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 (Infrastructure, Transport, Regional Development, Communications, Sport and the Arts Measures No. 3) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations in relation to certain activities administered by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

The Regulations repeal table item 63 in Part 3 of Schedule 1AB relating to the grant to The Alannah and Madeline Foundation Limited. Table item 63 is appropriate for repeal as legislative authority for spending activities under the grant will be supported by a new table item 763.

The Regulations also insert two new table items to Schedule 1AB to establish legislative authority for government spending for the following initiatives:

a grant to Nafsika Stamoulis Hellenic Museum Limited to support and enhance Australia’s relationship with Greece and enable Australian audiences to engage with diverse cultural and education experiences ($0.4 million in 2025-26); and
the Online Safety Education: Digital and Media Literacy for Younger Australians program to fund non-government organisations for activities that develop the online safety and digital and media literacy of younger Australians ($6.5 million over four 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 Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

Attachment A

Details of the Financial Framework (Supplementary Powers) Amendment

(Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts Measures No. 3) Regulations 2025

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development, Communications, Sport and the Arts 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

This schedule amends two parts to the Principal Regulations relating to amendments to Schedule 1AB and the transitional and application provisions.

Part 1—Amendments

Financial Framework (Supplementary Powers) Regulations 1997

The items in Part 1 amends Schedule 1AB to the Principal Regulations in relation to certain activities administered by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department).

Item 1 – Part 3 of Schedule 1AB (table item 63)

This item repeals table item 63 in Part 3 of Schedule 1AB relating to the grant to The Alannah and Madeline Foundation Limited. Table item 63 is appropriate for repeal as the item is superseded by a new table item 763 for the Online Safety Education: Digital and Media Literacy for Younger Australians program, inserted by Item 3 below.

This is a minor technical amendment which does not affect existing spending activities under the grant.

Item 2 – In the appropriate position in Part 3 of Schedule 1AB (table)

This item adds one new table item to Part 3 of Schedule 1AB.

Table item 105 – Grant to Nafsika Stamoulis Hellenic Museum Limited

New table item 105 establishes legislative authority for the Government to provide a grant to Nafsika Stamoulis Hellenic Museum Limited (the Hellenic Museum).

The grant to the Hellenic Museum responds to the Government’s election commitment and aims to support and enhance Australia’s relationship with Greece and enable Australian audiences to engage with diverse cultural and education experiences.

The Government will provide funding of $0.4 million in 2025-26 to support the Hellenic Museum with the remaining costs associated with hosting its exhibition - Rituals: Gifts for the Gods (Rituals exhibition) and to contribute to its pavilion upgrade, where public and educational programs will be held in support of the Rituals exhibition.

Founded in 2007, the Hellenic Museum is a well-established, medium-sized cultural institution aimed at promoting the celebration, understanding and preservation of the artistic and cultural heritage of ancient and modern Greece. Housed in the former Royal Mint in Melbourne, the Hellenic Museum contains five permanent exhibition galleries and two touring galleries. The Hellenic Museum’s mission is to inspire a passion for, and appreciation of, the rich Hellenic culture from the ancient to the contemporary.

The Rituals exhibition is being presented by the Hellenic Museum in partnership with the Hellenic Republic Ministry of Culture and brings together 119 artefacts on loan from 15 collections across Greece. It explores how ancient civilisations, particularly the Greeks, constructed sanctuaries and temples as sacred spaces to honour the gods through offerings, rituals and festivals. The exhibition opened on 30 May 2025 and is scheduled to close on 30 May 2026.

The grant will support the Hellenic Museum to promote the celebration, understanding and preservation of the artistic and cultural heritage of Greece by providing additional opportunities for Australian audiences and international visitors to engage with this significant cultural heritage material. The grant will also promote a deeper understanding and appreciation of Australian multiculturalism and the Greek‑Australian community in Melbourne and more broadly, encourage greater understanding and collaboration between Greece and Australia.

Funding will cover costs related to the Hellenic Museum’s public educational programming associated with the Rituals exhibition. It will also cover exhibition deinstallation costs including return shipping, art/object logistics and handling, object condition reporting, travel and accommodation for couriers, and upgrades to the Hellenic Museum’s pavilion area, a space used to deliver public programming including for the Rituals exhibition.

The grant is consistent with the Australian Government’s National Cultural Policy – Revive: a place for every story, a story for every place (Revive) (www.arts.gov.au/publications/
national-cultural-policy-revive-place-every-story-story-every-place).

In particular, the grant is consistent with the following pillars of Revive:

Pillar 2: A Place for Every Story – Reflecting the breadth of our stories and the contribution of all Australians as the creators of culture;
Pillar 4: Strong Cultural Infrastructure – Providing support across the spectrum of institutions which sustain our arts, culture and heritage;
Pillar 5: Engaging the Audience – Making sure our stories connect with people at home and abroad;

and the following principles of Revive:

all Australians, regardless of language, literacy, geography, age or education, have the opportunity to access and participate in arts and culture;
cultural infrastructure, including galleries, venues, theatres, libraries, museums, archives and digital collections, is restored, built and maintained; and
Australian stories are seen and heard, regardless of platform.

The grant also aligns with the Government’s commitment to strengthening social cohesion and democratic resilience in Australia. Additionally, it supports the Government’s Multicultural Access and Equity Policy, which aims to foster a cohesive society where cultural diversity is celebrated, and all Australians have equal opportunities to participate and contribute. The grant supports these commitments by positively impacting the
Greek-Australian community, the broader Australian community, including children, through the delivery of educational and creative arts programs and events associated with the exhibition.

Funding amount and arrangements, merits review and consultation

Funding of $0.4 million in 2025-26 will be included in the 2025-26 Mid‑Year Economic and Fiscal Outlook and the Portfolio Additional Estimates Statements for the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio.

Funding for the item will come from Program 6.1: Arts and Cultural Development, which is part of Outcome 6.

The department will deliver the grant to the Hellenic Museum through a one-off, closed and non-competitive grant process. The grant will be administered in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) and the Commonwealth Grants Rules and Principles 2024 (CGRPs).

Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles in administering the grant. Information about the grant, including grant opportunity guidelines, will be made available on the GrantConnect website (www.grants.gov.au). The department, as the responsible entity, will administer the grant.
Various requirements which will be outlined in the relevant grant opportunity guidelines and grant agreement will apply to the funding, including, but not limited to:

eligible grant activities;
timeframes and milestones relating to the delivery of the activity;
reporting and acquittal requirements; and

ineligible grant activities, such as the funding for activities that have already occurred, activities that have been funded from other sources and non-approved infrastructure and capital works projects.

The Minister for the Arts is the responsible decision-maker for expenditure under the grant. All relevant approvals are subject to the PGPA Act, the CGRPs and the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act).

Independent merits review of decisions made in connection with the grant are not considered appropriate because these decisions relate to the provision of a one-off grant to a certain grantee, over other potential grantees. 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 4.16 to 4.19 of the guide, What decisions should be subject to merit review? (ARC guide)).

The Hellenic Museum was assessed to be the most appropriate organisation to pursue a one‑off, ad hoc grant after consideration of the cultural significance of the exhibition, the alignment with the Government’s priorities, and the skills and expertise of the Hellenic Museum to deliver the grant activities.

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

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 occurred within government and with the Hellenic Museum on the scope, timeframes and objectives of the funded activities. Feedback from the consultation will inform the agreed scope and amounts which would be reflected in the relevant grant agreement. No public consultation occurred as the preliminary impact analysis by the department determined the exhibition would positively impact the Greek-Australian community, the broader Australian community, including children, through the delivery of public and educational programs and events.

Constitutional considerations

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the external affairs power (section 51(xxix)) of the Constitution.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters concerning Australia’s relations with other nations.

The grant will provide funding to the Hellenic Museum to support it in hosting the Rituals exhibition, and assist with the infrastructure costs to complete an upgrade to the Museum’s pavilion area where public programming is held to support the exhibition. The Rituals exhibition provides an opportunity for the Hellenic Museum to work closely with its Greek counterparts, and will provide Australian audiences with access to rare, cultural objects from Greece.

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

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

Table item 763 – Online Safety Education: Digital and Media Literacy for Younger Australians

New table item 763 establishes legislative authority for government spending on the Online Safety Education: Digital and Media Literacy for Younger Australians program (the program).

The program responds to two of the Government’s election commitments regarding online safety: Funding Boost for Online Safety Learning in Schools and Support to Expand Youth Education about Online Sextortion.

Funding Boost for Online Safety Learning (Online Safety Learning)

The internet has become an intrinsic part of the lives of children and young Australians, and while the online environment provides many benefits, it can also be the source of harms, such as cyber bullying, image-based abuse, and exposure to illegal, restricted or harmful content.

Children, young people, parents and carers need reliable information and education sources to make informed decisions to improve safety online. The Australian Government is committed to digital and media literacy and is investing in education to protect at-risk children and young Australians.

Under the Online Safety Learning component of the program, the Government will provide funding of $6.0 million to the Alannah and Madeline Foundation (AMF) for the continuation, enhancement and growth of free online safety and digital literacy and education tools for young Australians. The Online Safety Learning will expand access and improve the quality of free digital and media literacy education tools, as well as complementing the introduction of the social media minimum age by educating young people to engage safely online. It will also contribute to the intended outcomes of Australia's first National Media Literacy Strategy, announced in December 2024.

AMF is a trusted, national not-for-profit organisation dedicated to keeping children and young people free from violence and trauma. The AMF was established by Walter Mikac AM in 1997, a year after his children, Alannah and Madeline Mikac were killed alongside their mother at Port Arthur, Tasmania. With a focus on care, prevention and advocacy, the AMF supports children experiencing trauma including family violence and online bullying. Initiatives include the provision of resources to children fleeing violence, education programs to prevent digital harms, and advocacy for child safety.

The Royal Melbourne Institute of Technology University developed the eSmart program for the AMF in 2010 to provide resources to help schools address cyberbullying and online safety. The eSmart program teaches young Australians to recognise unsafe behaviour online and to safely report it in a structured and age-appropriate way that aligns with the school curriculum.

Support to Expand Youth Education about Online Sextortion (Online Sextortion Education)

Many children and young Australians have already experienced sexual extortion (sextortion), leading to significant harm. According to research by the Australian Institute of Criminology (ACIC), over one in ten young Australians have experienced sextortion in their lifetime, with one in three of those young Australians experiencing it more than once (ACIC, 2025). The Australian Government is committed to online safety and is investing in education about sextortion to further protect at-risk children and young Australians.

Under the Online Sextortion Education component of the program, the Government will provide funding of $0.5 million to SmackTalk to deliver awareness raising information sessions to young people about the dangers and management of sextortion, and educate young people about strategies to recognise warning signs and help prevent suicide. SmackTalk will deliver free face-to-face information sessions for young people in all states and territories, enabling accessibility for all socio-economic backgrounds.

SmackTalk is a non-profit organisation, formed in January 2024 by Wayne Holdsworth following the death of his son by suicide following sextortion. SmackTalk’s mission is to share Wayne’s story and experience to as many people as possible through group presentations, with the intention to raise awareness about the prevalence and dangers of sextortion and youth suicide.

Both components of the program will fund activities centred on the needs of children and young people, and are encouraged to include:

working together with children, young people, families, professionals, and communities to create cohesive and comprehensive support/resources for young people's development and well-being;
developing skills, knowledge, and resources to enhance effectiveness and support for children, young people and families;
prioritising the needs, values, and perspectives of children and young people to foster wellbeing, development, and a supportive environment;
using research-based practices to deliver effective and relevant supports for children, young people and families;
customising services and strategies to meet unique needs, preferences, and goals of audiences, particularly for marginalised communities; and
adapting to changing needs and circumstances to provide timely and effective support.

The intended outcomes of the overall program are:

more children and young Australians, including their parents and carers, will be equipped with information and tools to recognise and prevent online harm, including to prevent online sextortion;
more children and young Australians will have the online digital and media literacy skills to identify reliable information online; and
new, freely accessible educational materials will be available online.

Funding amount and arrangements, merits review and consultation

Funding of $6.5 million over four years from 2025-26 for the program will be included in the 2025-26 Mid-Year Economic and Fiscal Outlook and the Portfolio Additional Estimates Statements for the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio.

Funding will come from Program 5.1: Digital Technologies and Communications Services, which is part of Outcome 5.

Funding will be provided to the AMF and SmackTalk though non-competitive grants as they are the only entities eligible for their respective grant. The grants will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.

Consistent with the CGRPs, in developing the grant opportunity guidelines, the department will have regard to the nine key principles in administering the grant. Information about the grant, including grant opportunity guidelines, will be made available on the GrantConnect website (www.grants.gov.au), and the grant will be administered using SmartyGrants, under license by the department.

Funding decisions will be made by a delegate of the Secretary of the department in accordance with the FFSP Act. The delegate will be an appropriate Senior Executive Service officer within the Communications and Media Group. The delegate will have the required skills and qualifications to perform this function consistent with the PGPA Act, the FFSP Act and the CGRPs.

Independent merits review of funding decisions made in connection with the grants to AMF and SmackTalk are not considered appropriate because it relates to the provision of closed non-competitive grants to certain service providers, over other service providers. AMF and SmackTalk were determined to be appropriate organisations to receive funding via a
non-competitive grant process as both organisations are leaders in education and advocacy for the online safety of young Australians.

SmackTalk has delivered more than 110 presentations to audiences across Australia on the dangers of sextortion and has a media presence that demonstrates a readiness and capacity to deliver the services through the grant. The AMF has a proven record in delivering online safety education through schools across Australia over many years, maintaining age appropriate and engaging tools that are co-designed with children and young people.

Funding decisions made in connection with the grants 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.

Decisions to provide one-off payments to certain service providers, over other service providers, should also be excluded from merits review as review would only promote competition among community groups, no effective remedy could be provided, as a successful application for review by one service provider would require a reduction in funding to other service providers and there would be delays in channelling funds into service provision.

Decisions by government to allocate funding to programs as a whole are not suitable for review, as they are budgetary decisions of a policy nature, rather than decisions immediately affecting any particular person's interests. Those decisions are subject to parliamentary scrutiny, and the Minister who makes them will be held politically accountable for any consequences.

The ARC has recognised that it is justifiable to exclude merits review in relation to the above decisions (see paragraphs 4.11 to 4.19 of the ARC guide).

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

Following the Government’s announcement of the election commitments, the department has consulted with the AMF and SmackTalk to develop the policy parameters on their respective programs. Both organisations shared their views about the most effective way to deliver the commitments, which will inform the development of the grant opportunity guidelines.

Constitutional considerations

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

the communications power (section 51(v)); and
the external affairs power (section 51(xxix)).

Communications power

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

Funding for the AMF will extend and develop the eSmart program across Australian schools, including promotion, training and technical support. The focus of the eSmart program is to give schools, educators, families, and communities the tools they need, through free and regularly updated resources, to help keep children and young Australians safe, smart and responsible in a digital world. Funding for this program may be used to facilitate or enhance the use of internet services.

Funding to SmackTalk will deliver information sessions to raise awareness about online sextortion to young persons with a focus on protecting young persons from harm. Funding for this program may be used to address a harm that may arise from the use of internet services.

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 is a party to the Convention on the Rights of the Child (CRC). States Parties to the CRC are required to ensure the rights of every child are upheld, including the right to survival and development, protection from harm, provision of education and healthcare, non-discrimination, and the right to participate in decisions affecting their lives.

Article 4 provides that States Parties must do all they can to ensure every child can enjoy their rights by creating systems and passing laws that promote and protect children’s rights.

Article 19 provides that States Parties must do all they can to ensure that children are protected from all forms of violence, abuse, neglect and bad treatment by their parents, legal guardians or any other person who has the care of the child.

Funding for the AMF will extend and develop the eSmart program. The focus of the eSmart program is to give schools, educators, families, and communities the tools they need, through free and updated resources, to help keep children and young Australians safe, smart and responsible in a digital world.

Funding to SmackTalk will deliver information sessions to raise awareness about online sextortion to young persons with a focus on protecting children and young persons from harm.

These programs will provide grant funding for online safety and digital and media literacy education tools to provide necessary support for young Australians, with a focus on educating children and young persons about, and protecting them from harm.

Part 2—Transitional provisions

Financial Framework (Supplementary Powers) Regulations 1997

Item 4 – In the appropriate position in Part 3

Item 4 inserts new Division 8 “Amendments made by the Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development, Communications, Sport and the Arts Measures No. 3) Regulations 2025” into Part 3 of the Principal Regulations.

New section 33 “Power to vary or administer grants” ensures that, despite the repeal of table item 63 of Part 3 of Schedule 1AB by Part 1 of Schedule 1 to the Regulations, that item continues in force for the purposes of sections 32B and 32C of the FFSP Act in relation to the administration or variation of grants made before the repeal, but not so as to authorise any new commitment by the Commonwealth to spend money.

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 (Infrastructure, Transport, Regional Development, Communications, Sport and the Arts 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.

The Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development, Communications, Sport and the Arts No. 3) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations in relation to certain activities administered by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department).

This disallowable legislative instrument makes the following amendments to the Principal Regulations:

repeal table item 63 ‘Grant to The Alannah and Madeline Foundation Limited’ in Part 3 of Schedule 1AB;
adds table item 105 ‘Grant to Nafsika Stamoulis Hellenic Museum Limited’ in Part 3 of Schedule 1AB; and;
adds table item 763 ‘Online Safety Education: Digital and Media Literacy for Younger Australians’ in Part 4 of Schedule 1AB.

Repeal table item 63 – Grant to The Alannah and Madeline Foundation Limited’

The repealed table item 63 in Part 3 of Schedule 1AB is superseded by the new item for the Online Safety Education: Digital and Media Literacy for Younger Australians program, and is appropriate for repeal as legislative authority for spending activities under the grant will be supported by a new table item 763.

This is a minor technical amendment which does not affect existing spending activities under the grant.

Human rights implications

The repealed table item 63 does not engage any of the applicable human rights or freedoms.

Table item 105 – Grant to Nafsika Stamoulis Hellenic Museum Limited

Table item 105 establishes legislative authority for the Government to provide a grant to Nafsika Stamoulis Hellenic Museum Limited (the Hellenic Museum).

The grant responds to the Government’s election commitment and aims to support and enhance Australia’s relationship with Greece and enable Australian audiences to engage with diverse cultural and education experiences.

The Rituals exhibition is being presented by the Hellenic Museum in partnership with the Hellenic Republic Ministry of Culture and brings together 119 artefacts on loan from 15 collections across Greece. It explores how ancient civilisations, particularly the Greeks, constructed sanctuaries and temples as sacred spaces to honour the gods through offerings, rituals, and festivals. The exhibition opened on 30 May 2025 and is scheduled to close on 30 May 2026.

Human rights implications

Table item 105 engages the right to take part in cultural life – Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.

Right to take part in cultural life

Article 2 of the ICESCR requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR by all appropriate means.

Article 15 of the ICESCR recognises the right to take part in cultural life.

The grant promotes the realisation of this right by providing Australians with better access to (or greater opportunities to participate in) arts and cultural activities, including those relating to national, regional, and local cultural heritage and identity.

Table item 105 is compatible with human rights because it promotes the protection of human rights.

Table item 763 – Online Safety Education: Digital and Media Literacy for Younger Australians

Table item 763 establishes legislative authority for government spending on the Online Safety Education: Digital and Media Literacy for Younger Australians program (the program). It is intended that legislative authority for the program will replace the repealed table item 63 in Part 3 of Schedule 1AB.

Funding of $6.5 million over four years from 2025-26 will be provided to two
non-government organisations:

Alannah and Madeline Foundation (AMF) – to expand AMF’s eSmart program which teaches young Australians to recognise unsafe behaviour online and to safely report it, in a structured and age-appropriate way that aligns with the school curriculum; and
SmackTalk – to deliver awareness raising information sessions to young people about the dangers and management of sexual extortion (sextortion), and educate young people about strategies to recognise warning signs and help prevent suicide.

Activities are to be centred on the needs of children and young people, and are encouraged to include:

working together with children, young people, families, professionals, and communities to create cohesive and comprehensive support/resources for young people’s development and well-being;
developing skills, knowledge, and resources to enhance effectiveness and support for children, young people and families;
prioritising the needs, values, and perspectives of children and young people to foster wellbeing, development, and a supportive environment;
using research-based practices to deliver effective and relevant supports for children, young people and families;
customising services and strategies to meet unique needs, preferences, and goals of audiences, particularly for marginalised communities; and
adapting to changing needs and circumstances to provide timely and effective support.

Human rights implications

Table item 763 engages the following rights:

the right to education – Article 13 of the ICESCR, read with Article 2 and Article 28 of the Convention on the Rights of the Child (CRC), read with Article 4;
the right to privacy and reputation – Article 17 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2; and
the right of a child to be protected from all forms of violence, abuse, neglect and bad treatment – Article 19 of the CRC.

Right to education

Article 2 of the ICESCR requires each State Party to progressively realise economic, social and cultural rights to the best of their ability, using national and international resources and measures like legislation. Additionally, it also mandates that these rights must be exercised without any form of discrimination based on factors such as race, sex, language, or origin. It gives developing countries the flexibility to determine the extent of economic rights guaranteed to non-national individuals, provided they respect human rights and the national economy.

Article 4 of the CRC provides that each State Party must do all they can to ensure every child can enjoy their rights by creating systems and passing laws that promote and protect children’s rights.

The right to education is provided by Article 13 of the ICESCR. Article 28(d) of the CRC also supports the right of a child to education by making education and vocation information and guidance available and access to all children.

Table item 763 promotes the right to education by seeking to provide access to digital literacy education to all Australian primary and secondary schools and will allow grantees to make particular provisions for schools and students that face barriers to digital inclusion. In the grant agreement, grantees will be required to produce an implementation plan to guide priority engagement with schools in communities with low levels of digital inclusion. A range of factors correlate or contribute to low levels of digital inclusion. According to the Australian Digital Inclusion Index, the most digitally excluded Australians are more likely to fall in the lowest income quintile, have a disability, or live in remote First Nations communities. By promoting equal and comprehensive access to its products, grantees will promote the right to education.

Right to privacy and reputation

Article 2 of the ICCPR requires governments to respect the rights of privacy and protection of reputation of individuals and to develop laws that give effect to these rights. It also mandates that these rights must be exercised without any form of discrimination based on factors such as race, sex, language, or origin. It gives developing countries the flexibility to determine the extent of economic rights guaranteed to non-national individuals, provided they respect human rights and the national economy.

Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence.

The program will require grantees to collect user data when providing its product to schools and users. This will require appropriate risk management. While this may limit the right to privacy, the department considers this limitation to be reasonable, necessary and proportionate, noting that data privacy risks will be managed. To manage privacy risks, the department will undertake a threshold Privacy Impact Assessment in consultation with the Attorney-General’s Department and the Office of the Australian Information Commissioner. Privacy risks will be addressed by mandating, in the grant agreement, grantees compliance with the Privacy Act 1988 (Privacy Act) and Australian Privacy Principles guidelines.

AMF and SmackTalk will collect personal information about:

customers (educational organisation representatives/staff members, and parents/legal guardians of participating children), including personal information including name, address, phone number and email address; and
participating children (collected from customers), including name, age, date of birth, gender, school year level, student identifier used by the school, and Australian Indigenous status.

The collection of the above data is lawful as the Privacy Act provides for the protection of personal information collected and held by Australian Government agencies and certain private sector organisations, including those contracted by Commonwealth agencies.

Right of a child to be protected

Article 19 of the CRC provides that States Parties must do all they can to ensure that children are protected from all forms of violence, abuse, neglect and bad treatment by their parents, legal guardians or any other person who has the care of the child. These spending activities provide children with skills and knowledge to recognise when rights are violated and how to report violation of these rights.

Table item 763 is compatible with human rights because it promotes the protection of human rights.

Conclusion

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

Senator the Hon Katy Gallagher

Minister for Finance

Administered by Department of Finance

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