Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 2) Regulations 2025

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Prime Minister and Cabinet’s Portfolio Measures No. 2) 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 noncorporate 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 (Prime Minister and Cabinet’s Portfolio Measures No. 2) 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 National Indigenous Australians Agency, part of the Prime Minister and Cabinet portfolio.

Funding will be provided for the following initiatives:

a grant to the Goanna Foundation Limited to design, deliver, evaluate and improve prevention and early-intervention programs to support mental health outcomes for Aboriginal and Torres Strait Islander people and communities ($6.4 million over three years from 2025-26);
the Community Laundries in Remote Aboriginal and Torres Strait Islander Communities program to support the establishment or upgrade, and operation and maintenance, of community laundries in remote Aboriginal and Torres Strait Islander communities ($10.6 million over four years from 2025-26);
the Social and Emotional Wellbeing Flexible Funding Pool program to provide
short-term, place-based social and emotional wellbeing and healing supports to Aboriginal and Torres Strait Islander families and communities affected by major trauma events ($11.5 million over four years from 2025-26);
the Social and Emotional Wellbeing Scholarships program to provide support for Aboriginal and Torres Strait Islander undergraduate or postgraduate psychology students through financial and study support ($8.3 million over four years from
2025-26); and
the Healing for Strong Families Program to deliver healing programs for Aboriginal and Torres Strait Islander people who are impacted by family violence or at risk of engagement with child protection systems ($16.6 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 National Indigenous Australians Agency.

Attachment A

Details of the Financial Framework (Supplementary Powers) Amendment

(Prime Minister and Cabinet’s Portfolio Measures No. 2) Regulations 2025

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 2) 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 items in Schedule 1 amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on activities to be administered by the National Indigenous Australians Agency (NIAA), part of the Prime Minister and Cabinet portfolio.

Item 1 – 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 94 – Grant to the Goanna Foundation Limited

New table item 94 establishes legislative authority for the Government to provide a grant to the Goanna Foundation Limited (the Foundation) to design, deliver, evaluate and improve prevention and early intervention programs to support mental health outcomes for Aboriginal and Torres Strait Islander people and communities, including through community engagement and co-design.

The terms ‘Aboriginal and Torres Strait Islander’ and ‘First Nations’ are used interchangeably throughout this attachment, and no distinction is intended.

The grant responds to the Government’s election commitment under Labour’s costed plan to Build Australia’s Future, as announced on 28 April 2025. The grant aims to support the Government’s commitment to reducing the devastating rates of suicide amongst First Nations youth through the delivery of culturally safe, community-led, preventative mental health programs.

The demand for mental health and wellbeing support services continues to rise, with many providers now operating at full capacity. This issue is particularly evident in remote and regional communities, where access to services is often constrained by the challenges of geographic isolation. These challenges significantly impact the recruitment and retention of qualified professionals, further limiting service availability in these areas.

The Goanna Academy has an established Mental Health Program (the program), which has delivered prevention and early-intervention mental health activities to over 7,600 participants since 2020. The Goanna Academy was established in 2020 by National Rugby League legend Greg Inglis to improve mental health outcomes, particularly within Indigenous and at-risk communities.

The Foundation will work with the Goanna Academy to expand the delivery of the program’s suite of First Nations-led and culturally responsive mental health activities nationally. These include:

MobWELL – a dedicated, on-Country cultural initiative designed exclusively for First Nations participants which aims to empower communities, foster resilience and promote the restoration of traditional practices. Through group cultural activities and yarning circles, this program facilitates strategic mental health resilience that addresses the community’s mental health needs;
MindEd – a school-based preventative initiative designed to address the mental health and wellbeing needs of young people through sport and mental fitness activities. This program supports teachers to reinforce students’ positive mental health practices;
Mind and Movement – whole-of-community mental health clinics for regional and remote areas which use sport as a conduit to discuss mental health underpinned by storytelling of lived experience and aim to build participants’ capacity to prioritise their own wellbeing and connect community to local health services; and
Goanna Champions – an initiative that trains graduates of the Goanna Academy’s sporting programs to be local First Nations mental health advocates. Community leaders will be trained to support positive mental health environments and refer individuals to additional support where needed.

Collectively, these initiatives aim to strengthen individual and community resilience, encourage help-seeking behaviours, and reduce stigma around mental health. They focus particularly on improving outcomes for First Nations peoples, young people, and those living in regional and remote communities. Although participation in the MindEd initiative and Mind and Movement clinics is open to all, they are primarily designed to meet the needs of First Nations communities and, to date, around 50 per cent of all participants have identified as Aboriginal and/or Torres Strait Islander.

The purpose of the grant is to fill current service delivery gaps through prevention-focused activities that address mental health and wellbeing issues early on to reduce the need for clinical services. Grant funding will enable the program to:

expand delivery of culturally responsive, tailored mental health initiatives to up to 42 regional and remote communities and up to 120 schools nationally, including the development of e-learning content;
recruit, train, and support a skilled workforce of Goanna Ambassadors, regional program managers, and local Goanna Champions to deliver culturally safe,
trauma-informed, and community-embedded programs and to destigmatise conversations and encourage early help-seeking behaviours in community;
strengthen community engagement and co-design by establishing local action groups, embedding Indigenous leadership, and tailoring programs to local needs, while building sustainable, community-led mental health capacity; and
undertake a three-year evaluation, in partnership with the Wollotuka Institute at the University of Newcastle, to measure the social impact of the programs and to explore options for future sustainability and ongoing viability of the program.

The grant will also achieve outcomes against the following targets of the National Agreement on Closing the Gap (www.closingthegap.gov.au/national-agreement):

Outcome 1 – Everyone enjoys long and healthy lives;
Outcome 5 – Students enjoy their full learning potential;
Outcome 7 – Youth are engaged in employment or education; and
Outcome 14 – People enjoy high levels of social and emotional wellbeing.

Funding amount and arrangements, merits review and consultation

Grant funding of $6.4 million over three years from 2025-26 for the item will be included in the 2025-26 Mid-Year Economic and Fiscal Outlook and the Portfolio Additional Estimates Statements for the Prime Minister and Cabinet portfolio (National Indigenous Australians Agency). Funding will come from Program 1.3: Safety and Wellbeing, which is part of Outcome 1.

The NIAA will work closely with the Foundation to finalise implementation arrangements and expect that the rollout in year one will be prioritised to regions with the highest population of First Nations peoples (New South Wales (NSW), Queensland and Western Australia (WA)). The program will expand to all other states and territories over years two and three.

Funding will be provided through a closed, non-competitive grant approach under the Indigenous Advancement Strategy (IAS) Agency Collaborates (non-competitive) Grant Opportunity Guidelines. The grant opportunity guidelines have been developed and are currently available on the GrantConnect website at www.grants.gov.au (ref: GO4985).

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).

The grant will be administered by the NIAA. A delegate, at the Senior Executive Service (SES) Band 2 level or above, of the NIAA under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act) will be responsible for approving Commonwealth funding under the grant.

The delegate will act under the NIAA’s Accountable Authority Instructions and their obligations under the PGPA Act, the PGPA Rule, the FFSP Act and the CGRPs. The delegate will have appropriate experience in program management to ensure the proper administration of the grant and will have regard to the nine key principles of the CGRPs in administering the grant.

NIAA will put forward recommendations to the delegate about whether to approve the grant. Recommendations to fund or not fund will be based on the merits of the application, including consideration of risk and value with relevant money; the preferences and needs of affected communities and/or family groups; and the availability of funding. Once awarded, information about the grant will be made available on the GrantConnect website.

Independent merits review of decisions made in connection with the grant is not considered appropriate because these decisions relate to the provision of a one-off grant to a certain service provider over other service providers. 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 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.

Through its membership on the Social and Emotional Wellbeing Policy Partnership and anecdotal feedback provided by current IAS grantees, NIAA understands that the demand for social and emotional wellbeing services nationally has been steadily increasing and often outstrips the capacity of local organisations. As such, there is a need for increased locally informed, culturally appropriate prevention and early intervention supports for First Nations communities, like those delivered by the Foundation.

NIAA’s engagement with the Foundation on the program’s design has identified the need for ongoing community consultation during its implementation. To support strengthened community engagement and co-design, the Foundation has committed to establishing local action groups. These will include local Elders, service providers and community representatives to embed Indigenous leadership and ensure activities are tailored to locally identified needs, while building sustainable, community-led mental health capacity.

Constitutional considerations

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

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The funding will enable the Foundation to expand delivery of the suite of First Nations-led and culturally responsive mental health initiatives that are for the benefit of Aboriginal and Torres Strait Islander people.

Item 2 – In the appropriate position in Part 4 of Schedule 1AB (table)

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

Table item 743 – Community Laundries in Remote Aboriginal and Torres Strait Islander Communities

New table item 743 establishes legislative authority for government spending on the Community Laundries in Remote Aboriginal and Torres Strait Islander Communities program (the program).

Remote First Nations communities in Australia continue to experience disproportionately poor living conditions, including overcrowding and a lack of functional health hardware. These challenges are exacerbated by limited access to essential services, quality healthcare, adequate housing, and infrastructure. Such living conditions contribute to a higher prevalence and burden of infections and chronic diseases such as scabies, as well as preventable secondary illnesses including Acute Rheumatic Fever, Rheumatic Heart Disease, Chronic Kidney Disease and Trachoma.

On 20 February 2025, the Government released the Commonwealth’s 2024 Closing the Gap Annual Report and 2025 Implementation Plan, which included a commitment to ‘roll out new laundries or upgrade existing facilities in 12 remote First Nations communities, to help improve long-term health outcomes’. The media release is available at: www.pm.gov.au/
media/albanese-labor-government-building-investments-close-gap.

The program will provide for up to 12 new and/or upgraded working laundries, including maintenance and operations in northern and central Australian Indigenous Areas (IARES). Access to health hardware such as functioning laundries with clean water and medicative detergents is a vital public health strategy. It enables regular and proper washing of clothes, bedding, and towelling, helping to reduce the spread of infections and minimise allergens that worsen chronic respiratory conditions like asthma.

Eligible program activities include capital works through the upgrade of an existing laundry or building of a new laundry or purchase of mobile assets, as well as maintenance and operation of those laundry facilities. Successful service providers will be required to employ local First Nations people to help run and maintain the day-to-day operations of the laundry, and provide education and/or training where necessary.

Eligibility requirements for applicants and grant activities will be outlined in the program specific grant opportunity guidelines. Grant activities that will be eligible will broadly include (but are not limited to):

locations in IARES in northern and central Australia, and in communities with high rates of infectious diseases, such as scabies; and
evident community partnership and buy-in, with community representatives involved in the design and implementation of the activity. Applications will be open to both Aboriginal and Torres Strait Islander-led organisations and non-Indigenous specialist organisations delivering in demonstrated partnership with the local community.

The anticipated outcomes of the working laundry facilities are:

healthier household practices that contribute to reduction in the spread of preventable infectious diseases, such as scabies, and associated secondary conditions;
individual and community wellbeing outcomes, including through access to employment and economic participation with the program supporting job creation, employment pathways and/or capability development; and
cost-benefit outcomes to the primary healthcare system through preventative investment.

The program also aligns with the outcomes of the National Agreement on Closing the Gap, contributing to:

Outcome 1. Everyone enjoys long and healthy lives and Outcome 2. Children are born healthy and strong:

By providing access to laundries with clean water and medicative detergents, the program seeks to reduce the spread of infections and their associated health complications, thereby contributing to preventative health outcomes in target IARES communities.

Outcome 7. Youth are engaged in employment or education and Outcome 8. Strong economic participation and development of people and their communities:

Supporting the establishment, upgrade, maintenance and operation of the laundries has the potential to deliver economic outcomes through local employment opportunities and skills development.

Funding amount and arrangements, merits review and consultation

Funding of $11.4 million for the program was included in the 2025-26 Budget under the measure ‘Closing the Gap – further investments’ 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 28-30. The funding includes $0.8 million to develop and implement a monitoring and evaluation framework for the program.

Funding of $10.6 million over four years from 2025-26 for the item will be allocated from Program 1.3: Safety and Wellbeing, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.13, Prime Minister and Cabinet Portfolio (National Indigenous Australians Agency) at page 199.

The NIAA will deliver the program through an open competitive grant round. 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, the NIAA will develop grant opportunity guidelines, which will be published on the GrantConnect website (www.grants.gov.au).

Information about the grants, including grant awards, will be made available on the GrantConnect website, and the grants will be administered by the NIAA. A delegate at the SES Band 1 level or above, of the NIAA under the FFSP Act will be responsible for approving Commonwealth funding provided to eligible organisations for the program.

The delegate will act under the NIAA’s Accountable Authority Instructions and their obligations under the PGPA Act, the PGPA Rule, the FFSP Act and the CGRPs. The delegate will have experience in program management to ensure the proper administration of the measure having regard to the nine key principles in administering the grant.

The NIAA is responsible for the selection process. An assessment plan is being developed outlining panel members including NIAA staff from the Social Policy Group and the Regional Office who will assess each application, after which applications will progress to relevant Regional Managers for endorsement. A Review Panel, consisting of relevant subject matter experts may be utilised as required to support decision making.

The NIAA will put forward recommendations to the NIAA delegate about whether to approve the proposed grants. The recommendations will be based on the merits of the applications, including consideration of risk and value with relevant money, priority areas of need, and availability of funding.

Independent merits review of decisions made in connection with the grant is not considered appropriate because these decisions relate to the provision of a one-off grant to a certain service provider, over other service providers. The 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 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.

The program’s design has been shaped by input from a diverse range of internal and external stakeholders. Internal stakeholders within NIAA’s Grant Design Working Group and Reference Group have been supportive of the program, with Regional Office representatives providing place-based perspective of relationships and lessons learned from existing laundry facilities.

Program design has also been informed by engagement with a range of external stakeholders, including:

Department of Health, Disability and Ageing given the program’s focus on preventative health;
National Aboriginal Community Controlled Health Organisation (NACCHO);
Snow Foundation and Heart Foundation; and
Aboriginal Investment Group (AIG) and Orange Sky (as existing operators of laundries in remote communities).

Engagement with external stakeholders such as NACCHO, AIG and Orange Sky has indicated there is a need for laundry services in remote First Nations communities. As existing operators of laundries in remote communities, AIG and Orange Sky imparted knowledge about the challenges of operating and maintaining laundries in these communities. Key points included:

ensuring fit-for-purpose assets (i.e. industrial machines) and the need for ongoing maintenance of machines;
developing partnerships with communities and other service providers within the community; and
offering employment opportunities for local First Nations people, including ensuring appropriate remuneration of laundry operators.

Additionally, applicants are expected to show that their proposed activity has been developed in consultation with relevant local stakeholders and that this consultation has contributed to the design of proposed activities. Further co-design is expected following the awarding of grant funding. Applicants will also need to demonstrate community need and readiness to deliver activities, which will support the NIAA’s decision on the locations of laundries.

Constitutional considerations

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

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The program is being delivered as part of the Closing the Gap Implementation Plan to improve health outcomes for Aboriginal and Torres Strait Islander people through increased access to laundry facilities. Community laundry facilities will support enhanced hygiene and, in turn, contribute to reduction in the burden of disease in remote First Nations communities.

Table item 744 – Social and Emotional Wellbeing Flexible Funding Pool

New table item 744 establishes legislative authority for government spending on the Social and Emotional Wellbeing Flexible Funding Pool program (the program).

The program was announced in the Closing the Gap Implementation Plan 2025 to enable short-term expansion of wellbeing and healing supports for First Nations families and communities following unforeseen, major trauma events (available at: www.niaa.
gov.au/resource-centre/commonwealth-closing-gap-2024-annual-report-and-2025-implementation-plan).

The program aligns with the Government’s commitment under the National Agreement on Closing the Gap outcomes, contributing to Outcome 14: Aboriginal and Torres Strait Islander people enjoy high levels of social and emotional wellbeing (SEWB).

Grief, loss, trauma, displacement, racism and discrimination are known to have devastating and lasting impacts on the health and wellbeing of First Nations individuals, families and communities. When traumatic events occur, SEWB is often disrupted, placing people and communities at a higher risk of mental health problems or illness. Mental illness and suicide continue to increase at an alarming rate in Australia, with the suicide rate of First Nations people now more than double that of non-Indigenous Australians.

While local organisations aim to support families and communities, they are often restricted by resourcing constraints that prevent them from expanding their support to meet short-term increases in demand for services because of unforeseen, traumatic incidents. The program will enable a short-term expansion of place-based wellbeing and healing supports for First Nations families and communities following unforeseen, major trauma events such as natural disasters, or highly traumatic deaths in community, such as that of a young person, and/or deaths in custody.

Eligible activities will aim to strengthen individual and community resilience and maintain SEWB. This may include, but is not limited to, the delivery of:

targeted counselling and non-clinical therapies for affected communities;

capability and capacity uplift of community and the local SEWB (and related) workforce;

facilitated community and/or family mediation and dispute resolution support; and

on-Country healing camps, yarning circles and other cultural and community connection activities aimed at supporting healing and recovery.

The intended outcomes of the program are:

strengthened individual and community resilience and wellbeing;
increased access to high quality, culturally appropriate SEWB and healing supports to assist First Nations peoples and communities in navigating grief and trauma; and
increased capacity of local First Nations organisations (particularly the Aboriginal Community Controlled sector) to respond to the mental health and wellbeing needs of communities impacted by significant and traumatic events.

Funding amount and arrangements, merits review and consultation

Funding of $11.5 million for the program was included in the 2025-26 Budget under the measure ‘Closing the Gap – further investments’ 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 28-30.

Funding for the item will come from Program 1.3 – Safety and Wellbeing, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.13, Prime Minister and Cabinet Portfolio (National Indigenous Australians Agency) at page 199.

Funding will be provided to eligible applicants through a closed, non-competitive grant round. 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, the NIAA will develop grant opportunity guidelines, which will be published on the GrantConnect website (www.grants.gov.au).

The grants will be administered by the NIAA. A delegate at the SES Band 1 level or above, of the NIAA under the FFSP Act will be responsible for approving Commonwealth funding provided to eligible organisations for the measure.

The delegate will act under the NIAA’s Accountable Authority Instructions and their obligations under the PGPA Act, the PGPA Rule, the FFSP Act and the CGRPs. The relevant delegate will have experience in program management to ensure the proper administration of the measure having regard to the nine key principles in administering the grant.

Providers will be invited to apply for funding by the NIAA, and they will be required to demonstrate need and community involvement, cultural competence, capability and how they will deliver outcomes. Activities eligible for funding under the program must be rooted in culturally safe practices that respect and centre cultural knowledge and lore and must be responsive to community-identified needs. Further, activities and delivery methods must align with best practice principles for supporting Aboriginal and Torres Strait Islander SEWB, including the National Strategic Framework for Aboriginal and Torres Strait Islander Peoples’ Mental Health and Social and Emotional Wellbeing.

NIAA will put forward recommendations to the relevant delegate about whether to approve the proposed grants. Recommendations to fund or not fund will be based on the merits of the applications, including consideration of risk and value with relevant money; the preferences and needs of affected communities and/or family groups; and the availability of funding. Final grant decisions will be made publicly available on the GrantConnect website.

Independent merits review of decisions made in connection with the grant is not considered appropriate because these decisions relate to the provision of a one-off grant to a certain service provider, over other service providers. The 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 ARC guide).

The design of the program has been informed by consultation and feedback received from the Department of Finance with advice from the Department of the Prime Minister and Cabinet and the NIAA’s Grant Design Working Group, consisting of representatives from the NIAA’s Grants and Finance Group, Integrity Group and Regional Offices.

The grant design of the program incorporates ongoing feedback received from key sector stakeholders, including: Gayaa Dhuwi (Proud Spirit) Australia, the national peak body for Aboriginal and Torres Strait Islander SEWB mental health and suicide prevention, the First Nations co-chair of the SEWB Policy Partnership, NACCHO, the Department of Health, Disability and Ageing, and provider organisations that have previously received funding under the IAS for similar purposes.

Feedback received from the sector has been broadly supportive, and conversations have consistently raised the importance of ensuring the grant round is designed to be responsive to community-identified needs, rather than externally imposed parameters. NIAA has also heard that short-term, fragmented initiatives can exacerbate rather than alleviate trauma and is considering what role referrals, or a “warm handover” to other, ongoing SEWB support services will need to play in grants awarded under the program.

Activities that will be delivered under the program will be place-based and community-driven, aligned with local needs and priorities. As part of the grant application process, prospective providers will need to demonstrate support from community, such as relevant Traditional Owners and/or Elders. Applicants will be expected to show that their proposed activity has been developed in consultation with relevant local stakeholders and that this consultation has contributed to the design of the proposed activities.

Constitutional considerations

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

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws.’

The program is being delivered as part of the Closing the Gap Implementation Plan to confer benefits on Aboriginal and Torres Strait Islander people affected by major trauma events.

Table item 745 – Social and Emotional Wellbeing Scholarships

New table item 745 establishes legislative authority for government spending on the Social and Emotional Wellbeing Scholarships (the program).

The program was announced as part of the 2025-26 Budget to assist up to 150 First Nations students to meet the costs of tertiary level qualifications in psychology, building the workforce of trained First Nations psychologists.

The program aims to increase the number of First Nations psychologists in order to enhance access to culturally safe mental health services for First Nations communities, particularly in regions with elevated levels of SEWB concerns, and contribute to reducing suicide rates.

According to the Australian Health Practitioner Regulation Agency and National Boards Annual Report 2023-24, less than one per cent of Australian registered psychologists are Aboriginal and/or Torres Strait Islander. However, First Nations people experience higher levels of psychological distress than the national population (Australia’s Health 2024, Australian Institute of Health and Welfare).

The program will cover key expenses for First Nations students undertaking psychology courses at university, including study, living, and transport costs. It will also offer comprehensive wraparound support such as mentoring, networking opportunities, academic assistance, and pastoral care to support their study experience.

First Nations students who are accepted into an undergraduate or postgraduate psychology course at an Australian university will be eligible for the program.

The intended outcomes of the program are:

increased numbers of culturally safe and appropriately qualified First Nations psychologists;

contributing to the Closing the Gap wellbeing outcomes through uptake of jobs in the psychology workforce, particularly in regional and remote areas;
improved access to culturally safe psychology services for First Nations communities, particularly in areas of need;
increased capability of the psychology workforce to meet the growing demands of the mental health sector;
First Nations communities have higher levels of SEWB; and
reduced rates of Indigenous suicide.

The program aligns with the National Agreement on Closing the Gap and will contribute to:

Outcome 14: Aboriginal and Torres Strait Islander people enjoy high levels of SEWB;
Outcome 6: Students reach their full potential through further education pathways; and
Outcome 7: Youth are engaged in employment or education.

Funding amount and arrangements, merits review and consultation

Funding of $8.3 million for the program was included in the 2025-26 Budget under the measure ‘Closing the Gap – further investments’ 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 28-30.

Funding for the item will come from Program 1.3: Safety and Wellbeing, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.13, Prime Minister and Cabinet Portfolio (National Indigenous Australians Agency) at page 199.

Funding will be provided to an eligible applicant through a closed, non-competitive grant approach under the IAS Agency Collaborates (non-competitive) Grant Opportunity Guidelines. The grant opportunity guidelines have been developed and are currently available on the GrantConnect website at www.grants.gov.au (ref: GO4985). The grant round will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.

The delegate will act under the NIAA’s Accountable Authority Instructions and their obligations under the PGPA Act, the PGPA Rule, the FFSP Act and the CGRPs. The delegate will have appropriate experience in program management to ensure the proper administration of the grants and will have regard to the nine key principles of the CGRPs in administering the grants.

NIAA will put forward recommendations to the delegate about whether to approve the proposed grants. Recommendations to fund or not fund will be based on the merits of applications, including consideration of risk and value with relevant money. Once awarded, information about the grants will be made available on the GrantConnect website.

Independent merits review of decisions made in connection with the grants is not considered appropriate because these decisions relate to the provision of a one-off grant to a certain service provider, over other service providers. The 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 ARC guide).

The design of the program has been informed by consultation and feedback received from the NIAA’s Grant Design Working Group, consisting of representatives from the NIAA’s Grants and Finance Group, Integrity Group, and Legal Services Branch. Consultation across the Commonwealth has been conducted with the Department of Education, the Department of Health, Disability and Ageing and the Department of Social Services to inform the design of the program and to avoid duplication with other Commonwealth grant programs.

Furthermore, the grant design of the program incorporates feedback received from key sector stakeholders, including:

Gayaa Dhuwi (Proud Spirit) Australia, the national peak body for Aboriginal and Torres Strait Islander social and emotional wellbeing, mental health and suicide prevention, and members of the SEWB Policy Partnership;
NACCHO;
National Aboriginal and Torres Strait Islander Postgraduate Association;
Indigenous Allied Health Australia;
The Westerman Jilya Institute;
Aurora Education Foundation; and
First Nations academics from the psychology field, including those from the National Indigenous Learning Support Network and Australian Indigenous Psychology Education Program.

Constitutional considerations

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

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The program is being delivered as part of the Closing the Gap Implementation Plan to confer health benefits on Aboriginal and Torres Strait Islander people by increasing the availability of a culturally safe and appropriately qualified First Nations healthcare workforce.

Table item 746 – Healing for Strong Families Program

New table item 746 establishes legislative authority for government spending on the Healing for Strong Families Program (the program).

The program responds to the Government’s commitment to prevent, address and respond to violence against First Nations women and children through the dedicated Aboriginal and Torres Strait Islander Action Plan (Action Plan), available at: www.dss.gov.au/
system/files/resources/dedicated-action-plan.pdf. The Action Plan forms part of the National Plan to End Violence Against Women and Children 2022-2032 (www.dss.gov.au/
system/files/resources/national-plan-end-violence-against-women-and-children-2022-2032.pdf).

The Action Plan is intended to support healing and strengthen families by addressing the distinct and disproportionate experiences of violence faced by First Nations women and children. It is structured around five interconnected reform areas, including strength, resilience, and therapeutic healing. This area promotes trauma-informed, culturally safe, and place-based approaches that restore wellbeing through connection to culture, Country, and kinship.

Mainstream service responses to violence in First Nations communities have often failed to deliver meaningful and lasting outcomes. This is largely due to a lack of cultural safety and cultural competence among service providers and frontline staff, which can erode trust and hinder engagement with affected families. Recognising this gap, the program will deliver community-led, place-based healing services that are trauma-aware and culturally responsive, empowering First Nations families who have experienced violence. It will support pathways to recovery that are inclusive and culturally safe, helping to disrupt cycles of intergenerational trauma and family separation.

The program forms part of the broader Women’s Safety – First Nations package that the Government committed to in the 2023-24 Budget to support the Action Plan. The program was announced on 23 January 2024 by the former Minister for Indigenous Australians available at: https://ministers.pmc.gov.au/former-ministers/burney/2024/232-million-boost-first-nations-healing-services.

The program was provided total funding of $23.2 million with up to $16.6 million allocated to facilitate program service delivery, supported by table item 746.

Depending on the needs and circumstances of each community, examples of possible specialist services that will be delivered through the program include collective healing activities such as camps, group work, yarning circles or retreats, combined with other therapeutic interventions, connection to culture, trauma-informed community training and gender-specific workshops and activities.

The program will deliver place-based, trauma-aware and culturally responsive healing programs to seven targeted communities, one of which is yet to be announced as the final site. Locations selection was informed by available data indicating a need for healing activities integration, as well as the prevalence of family violence and child removal.

Additional considerations included community readiness, supporting infrastructure, and the capability and capacity of First Nations community-controlled organisations to deliver the program. The program will engage suitable providers to deliver healing services to participants in each of the below locations:

Bidyadanga, WA;
Aurukun, Queensland;
Coffs Harbour, NSW;
Ngukurr and Numbulwar, Northern Territory;
Port Augusta, South Australia; and
Perth, WA.

Grantees will be expected to:

establish and deliver community-led healing approaches shaped around community priorities and cultural protocols;
align and connect with other local initiatives focused on supporting individuals, families and communities impacted by family and domestic violence and interactions with the child protection system;
develop partnerships with connected services and the broader specialist service system;
commit to taking an active role in healing strong families monitoring and evaluation activities;
promote the health, safety and wellbeing of First Nations individuals and families, operating from a ‘no wrong door’ and ‘do no further harm’ approach; and
promote self-determination, social inclusion and engagement of Aboriginal and Torres Strait Islander communities in the delivery of services that support their families and community.

The objectives of the program are to:

establish place-based, trauma-aware and culturally responsive healing services in each target community that are community-led and address the specific needs identified by the community;
support First Nations families who have experienced violence to break the cycle of intergenerational trauma and family separation;
address the disproportionately high rates of violence, including homicide and family, domestic and sexual violence experienced by First Nations women;
address the disproportionately high levels of child removal, and poorer outcomes across incarceration, health, housing, education and employment experienced by First Nations women and children;
address the legacy of trauma and loss that continues to affect First Nations peoples, families and communities;
invest in the leadership and self-determination of First Nations women and to effectively integrate their knowledge and insights to achieve positive changes for the entire community; and
build the evidence base for integration of culturally safe healing approaches into the practices of participating services.

The program contributes to the objectives of the National Agreement on Closing the Gap, specifically:

Target 12: Children are not overrepresented in the child protection system;
Target 13: Families and households are safe;
Target 14: People enjoy high levels of social and emotional wellbeing;
Priority Reform 1: Formal partnerships and shared decision making; and
Priority Reform 2: Building the community-controlled sector.

The intended outcomes of the program are:

strengthened family and community-led healing responses to domestic and family violence;
increased access to culturally safe, trauma-aware support services;
reduced re-entry into the child protection system; and
enhanced community capacity to prevent violence and support recovery.

Additional tailored intended outcomes will be co-designed by individual communities in collaboration with a monitoring and evaluation partner, ensuring alignment with local priorities and cultural contexts.

Funding amount and arrangements, merits review and consultation

Funding of $16.6 million over three years from 2025-26 for this item will come from Program 1.3: Safety and Wellbeing, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.13, Prime Minister and Cabinet Portfolio (National Indigenous Australians Agency) at page 199.

Funding will be provided to eligible organisations through an open competitive grant round. The grants will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule, and the CGRPs. NIAA is developing grant opportunity guidelines and will have regard to the nine key principles of the CGRPs in administering the grant. Information about the grant opportunity will be available on the GrantConnect website (www.grants.gov.au).

The grants will be administered by the NIAA. A delegate at the SES Band 1 or above level under the FFSP Act will be responsible for approving Commonwealth funding provided to grant recipients under the program. The delegate will act under the NIAA’s Accountable Authority Instructions and their obligations under the PGPA Act, the PGPA Rule, the FFSP Act and the CGRPs. The delegate will have appropriate experience in program management to ensure the proper administration of the grants.

The NIAA is responsible for administering the selection process. A panel of NIAA staff will assess each application before recommending them to the delegate, to determine which grant applications should be awarded a grant. The NIAA panel staff will put forward recommendations to the NIAA delegate, about whether to approve the proposed grants. The recommendation will be based on the merits of the application including consideration of risk and value with relevant money, priority areas of need, alignment with program objectives and outcomes, how a proposal compares to other proposals, and availability of funding. Information about the successful grant recipients will be made publicly available, including on the GrantConnect website.

Independent merits review of decisions made in connection with the grant is not considered appropriate because these decisions relate to the provision of a one-off grant to a certain service provider, over other service providers. The 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 ARC guide).

The NIAA partnered with Aboriginal and Torres Strait Islander experts through the Indigenous Expert Group (IEG), as well as state and territory governments, on program design and identifying locations for service delivery.

The IEG was established to embed partnerships with First Nations experts into the design, implementation and evaluation to ensure the program is informed by and centred on First Nations values and priorities. The NIAA and the non-government IEG members commit to work in genuine partnership to ensure that decision-making about the design and implementation of the project is First Nations-led, trauma-informed, and culturally based, as well as being aligned with government objectives, policies, and obligations. The IEG has representation from healing experts from The Healing Foundation (Co-Chair), SNAICC – National Voice for Our Children (Co-Chair), NACCHO, Aboriginal Family Legal Services Western Australia, and Gayaa Dhuwi (Proud Spirit) Australia.

Locations for the program have been selected through consultation between NIAA and state and territory governments and the IEG. This was based on assessments of need, the service landscape, and community readiness, including the capacity of Aboriginal Controlled Community Health Organisations in each location. Additionally, geographic coverage of the program was considered to ensure a presence in most Australian states and territories.

Constitutional considerations

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

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The program will support delivery of services for First Nations families affected by family violence, to address and respond to family violence in Aboriginal and Torres Strait Islander communities.

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 (Prime Minister and Cabinet’s Portfolio Measures No. 2) 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 3 of Schedule 1AB:

adds table item 94 ‘Grant to the Goanna Foundation Limited’;

and the following amendments to Part 4 of Schedule 1AB:

adds table item 743 ‘Community Laundries in Remote Aboriginal and Torres Strait Islander Communities’;
adds table item 744 ‘Social and Emotional Wellbeing Flexible Funding Pool’;
adds table item 745 ‘Social and Emotional Wellbeing Scholarships’; and
adds table item 746 ‘Healing for Stronger Families Program’.

Table item 94 – Grant to the Goanna Foundation Limited

New table item 94 establishes legislative authority for the Government to provide a grant to the Goanna Foundation Limited (the Foundation).

Grant funding of $6.4 million over three years from 2025-26 will support the Foundation to design, deliver, evaluate and improve prevention and early intervention programs to support mental health outcomes for Aboriginal and Torres Strait Islander people and communities, including through community engagement and co-design.

Human rights implications

Table item 94 engages the following rights:

the rights of equality and non-discrimination – Article 3 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2, Article 26 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2, and Article 5 of the International Convention of the Elimination of All Forms of Racial Discrimination (CERD), read with Article 2;
the rights of Indigenous peoples – Articles 3, 18, 21 and 24 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and
the right to health – Article 12 of the ICESCR, Article 5 of the CERD and Article 25 of the Convention on the Rights of Persons with Disabilities (CRPD), read with Article 4.

Rights of equality and non-discrimination

Article 2(1) of the ICESCR requires each State Party to ‘take steps… to the maximum of its available resources, with a view to achieving progressively the full realization’ of the rights recognised in the ICESCR ‘by all appropriate means, including particularly the adoption of legislative measures’.

Article 3 of the ICESCR provides that States Parties to the ICESCR undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the ICESCR.

Article 2(2) of the ICCPR requires that each State Party ‘undertakes to take the necessary steps… to adopt such legislative or other measures as may be necessary to give effect to the rights’ recognised in the ICCPR.

Article 26 of the ICCPR provides that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 2 of the CERD requires States Parties to condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races. States Parties are required to, 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.

Article 5 of the CERD requires that each State Party undertakes 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 right to public health, medical care, social security and social services (see Article 5(d)(iv)).

The program positively engages with the rights of equality and non-discrimination by providing opportunities for First Nations families and communities to access wellbeing and mental health services and supports in regional and remote communities. The program is intended to improve mental health outcomes for First Nations people through the provision of place-based, culturally safe mental health prevention and early intervention services.

Rights of Indigenous peoples

The UNDRIP informs the way governments engage with and protect the rights of Indigenous peoples and contains provisions to the right of Indigenous peoples to healthcare. Of relevance to this program are the following:

Article 3 – Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 18 – Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
Article 21(1) – Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
Article 24 (1) and (2) – Indigenous peoples have the right to their traditional medicines and to maintain their health practices. Indigenous individuals also have the right to access, without any discrimination, all social and health services; Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realisation of this right.

The grant positively engages with the UNDRIP by providing opportunities for First Nations peoples to engage with place-based, culturally safe mental health prevention and early intervention services. Furthermore, during program development, affected communities, Traditional Owners, Elders and local First Nations-led organisations will be engaged to ensure that activities are reflective of community needs and priorities.

Right to health

Article 12(1) of the ICESCR requires that States Parties must recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Article 5(e)(iv) of the CERD requires that 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 economic, social and cultural rights, including the right to public health and medical care.

Article 4 of the CRPD requires that States Parties undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind. States Parties are required to adopt and reform laws, policies, and practices to eliminate discrimination, promote accessibility, and involve persons with disabilities in decision-making. States Parties are required to apply the CRPD obligations across all parts of federal states and respect existing rights that may offer greater protections.

Article 25 of the CRPD requires that States Parties recognise that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.

The grant positively engages with the right to health by providing opportunities for First Nations peoples to engage with place-based, culturally safe mental health prevention and early intervention services. The grant focusses on improving access to mental health services for First Nations peoples, young people and those living in regional and remote communities.

Table item 94 is compatible with human rights because it promotes the protection of human rights.

Table item 743 – Community Laundries in Remote Aboriginal and Torres Strait Islander Communities

New table item 743 establishes legislative authority for government spending on the Community Laundries in Remote Aboriginal and Torres Strait Islander Communities program (the program).

The program aims to improve the quality of life of First Nations Australians through addressing health inequity and improving social and economic outcomes in remote communities. Remote First Nations communities in Australia disproportionately face poor living conditions, including overcrowding and the absence of functional health hardware, together with limited access to essential services, quality healthcare, adequate housing, and infrastructure.

Grant funding of $10.6 million will be provided over four years from 2025-26 to operate 12 working laundries. This includes maintenance and/or upgrade of six existing laundries, and establishment of six new laundries in northern and central Australia Indigenous Areas. Eligible activities may include capital works through the upgrade of an existing laundry or building of a new laundry or purchase of mobile assets, as well as maintenance and operation of those laundry facilities.

Human rights implications

Table item 743 engages the following rights:

the rights of Indigenous peoples – Articles 3, 18, 23, 27 and 32 of the UNDRIP;
the right to health – Article 5 of the CERD, read with Article 2, Articles 11 and 12 of the ICESCR, read with Article 2, and Articles 7, 21, and 24 of the UNDRIP;
the right to equality and non-discrimination – Article 5 of the CERD; and
the right to work and rights at work – Article 5 of the CERD, Articles 6, 7, and 10 of the ICESCR, and Articles 17 and 21 of the UNDRIP.

Rights of Indigenous peoples

Co-design, shared decision-making, and community leadership are embedded into the program, aligning with:

Article 3 of the UNDRIP, which supports the right to self-determination. Providers will be required to demonstrate partnership with, and buy-in from, local First Nations communities for the program.
Article 18 of UNDRIP notes that Indigenous peoples have the right to participate in decision-making in matters that affect their lives. The program will require evidence of First Nations peoples’ involvement in the design and operation of laundry facilities.
Article 23 of UNDRIP notes that ‘Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. Indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.’ The program will require involvement of First Nations communities, including through employment opportunities in the construction, operations and maintenance of laundry facilities.
Article 27 of UNDRIP, which calls on states to give due recognition of Indigenous peoples’ laws, traditions and land tenure systems. The program will take into account land tenure systems within target communities.
Article 32 of UNDRIP, which relates to Indigenous peoples’ rights to determine and develop priorities for the development or use of their lands and resources. The program will ensure providers work with the target communities to ensure that their resources, such as water, are used appropriately and with their free, prior and informed consent.

Right to health

The program is seeking to have a positive impact on health outcomes and it will contribute to the following rights:

Article 5(e)(iv) of the CERD relates to the rights to public health, medical care, social security and social services.

Article 2(1) of the ICESCR requires that each State Party to the Covenant ‘…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 recognised in the Covenant by all appropriate means, including particularly the adoption of legislative measures’.

Articles 11 and 12 of the ICESCR relate to improving the standards of living and physical and mental health, including improvement of environmental and industrial hygiene and prevention of diseases.

Article 7 of UNDRIP, which supports the right to life, including physical and mental integrity. Article 21 of UNDRIP, which notes that Indigenous peoples have the right to the improvement of their economic and social conditions, including in the areas of sanitation and health. Article 24(2) of UNDRIP, which notes that Indigenous people have the right to equal enjoyment of the highest attainable standard of physical and mental health.

Access to health hardware, such as laundries is an essential public health strategy to improve hygiene practices and achieve better health outcomes. Investing in the establishment and upgrade of remote community laundries across northern and central Australia will support lowering the burden of infections and chronic conditions including scabies, and preventable secondary illnesses including Acute Rheumatic Fever, Rheumatic Heart Disease, Chronic Kidney Disease, and Trachoma.

Right to equality and non-discrimination

Article 5(d)(iv) of the CERD requires that each State Party undertakes 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 right to public health, medical care, social security and social services.

Remote First Nations communities in Australia disproportionately face poor living conditions, including overcrowding and the absence of functional health hardware, together with limited access to essential services, quality healthcare, adequate housing, and infrastructure.

Right to work and right at work

Laundries operated under the program will be staffed by First Nations people to provide employment opportunities and improve economic outcomes within the target communities. Additionally, employment opportunities may be created for local First Nations people through capital works to establish new or upgrade existing laundries, and/or ongoing maintenance requirements. As such, the program will need to adhere to the following rights to have a positive impact:

Article 5(i) of the CERD relates to rights to work and having favourable working conditions.

Articles 6, 7 and 10 of the ICESCR relate to opportunities to gain employment, including: conditions of work, especially in relation to safe and healthy working conditions; and protecting children from economic and social exploitation.

Article 17 of UNDRIP provides rights applicable to international and domestic labour laws, including protecting children from economic exploitation and ensuring non-discriminatory conditions of labour.

Article 21 of UNDRIP, which notes that Indigenous peoples have the right to the improvement of their economic and social conditions, including in the areas of employment.

Table item 743 is compatible with human rights because it promotes the protection of human rights.

Table item 744 – Social and Emotional Wellbeing Flexible Funding Pool

New table item 744 establishes legislative authority for government spending on the Social and Emotional Wellbeing (SEWB) Flexible Funding Pool program (the program).

The program aims to provide short-term expansion of wellbeing and healing supports for First Nations families and communities following unforeseen, major trauma events such as natural disasters, or highly traumatic deaths in community, such as that of a young person, and/or deaths in custody.

The program will work to strengthen individual and community resilience and support SEWB by funding place-based activities, including but not limited to:

targeted counselling and non-clinical therapies for affected communities;
capability and capacity uplift of community and the local SEWB (and related) workforce;
facilitated community and/or family mediation and dispute resolution support; and
on Country healing camps, yarning circles and other cultural and community connection activities aimed at supporting healing and recovery.

Funding of $11.5 million for the program will be provided over four years from 2025-26.

Human rights implications

Table item 744 engages the following rights:

the rights of equality and non-discrimination – Article 3 of the ICESCR, read with Article 2, Article 26 of the ICCPR, read with Article 2, and Article 5 of the CERD, read with Article 2;
the rights of Indigenous peoples – Articles 3, 18, 21 and 24 of the UNDRIP; and
the right to health – Article 12 of the ICESCR, Article 5 of the CERD and Article 25 of the CRPD, read with Article 4.

Rights of equality and non-discrimination

The program positively engages with the rights of equality and non-discrimination by providing opportunities for First Nations families and communities to access wellbeing and mental health services and supports at the time they need it. The program is intended to improve SEWB outcomes for First Nations people by addressing the impacts of trauma.

Rights of Indigenous peoples

Article 3 – Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 18 – Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
Article 21(1) – Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
Article 24 (1) and (2) – ‘Indigenous peoples have the right to their traditional medicines and to maintain their health practices. Indigenous individuals also have the right to access, without any discrimination, all social and health services’ and ‘Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right’.

The program positively engages with the UNDRIP by providing opportunities for First Nations peoples to engage with place-based, culturally safe healing and wellbeing support services. Furthermore, during the design of the grant opportunity and as part of the assessment and establishment of eligible grants, local First Nations-led organisations will be prioritised to ensure that funded activities meet community need.

Right to health

Article 12(1) of the ICESCR requires that States Parties must recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The program positively engages with the right to health by providing opportunities for First Nations families and communities, particularly those in remote and regional areas where supports are often limited, to access culturally safe wellbeing and mental health services and supports.

Table item 744 is compatible with human rights because it promotes the protection of human rights.

Table item 745 – Social and Emotional Wellbeing Scholarships

New table item 745 establishes legislative authority for government spending on the Social and Emotional Wellbeing Scholarships (the program).

The program will assist up to 150 First Nations students to meet the costs of tertiary level qualifications in psychology, building the workforce of trained First Nations psychologists. Students will be provided with financial supports to cover study, living and transport costs. Students will also be provided with additional wraparound assistance, including mentoring, networking, study support and pastoral care, to support their study experience.

Funding of $8.3 million for the program will be provided over four years from 2025-26.

Human rights implications

Table item 745 engages the following rights:

the rights of equality and non-discrimination – Article 3 of the ICESCR, read with Article 2, Article 26 of the ICCPR, read with Article 2, and Article 5 of the CERD, read with Article 2;
the rights of Indigenous peoples – Articles 14, 21 and 24 of the UNDRIP;

the right to health – Article 12 of the ICESCR, Article 5 of the CERD and Article 25 of the CRPD, read with Article 4; and
the right to education – Article 13 of the ICESCR.

Rights of equality and non-discrimination

The program positively engages with the rights of equality and non-discrimination by providing Aboriginal and Torres Strait Islander families and communities with greater access to wellbeing and mental health related services and supports through an increase in culturally safe mental health services.

Rights of Indigenous peoples

The UNDRIP contains provisions to the right of Indigenous peoples to healthcare and education and informs the way governments engage with and protect the rights of Indigenous peoples. Of relevance to the program are the following:

Article 14(2) – Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.

Article 21(1) – Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
Article 24 (1) and (2) – ‘Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services’ and ‘Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right’.

The program positively engages with UNDRIP by providing opportunities for Aboriginal and Torres Strait Islander youth to engage in tertiary education in a culturally safe manner, and supporting the mental health of First Nations communities through greater access to culturally safe mental health professionals and services.

Right to health

Article 12(1) of the ICESCR stipulates that the States Parties to the Covenant must recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The program positively engages with the ICESCR, CERD and CRPD articles relating to human rights to health, by increasing the number of appropriately trained psychologists and providing communities with greater access to culturally safe mental health professionals and services.

Right to education

Article 13(1) of the ICESCR recognises the right of everyone to education, and that education should be directed towards the full development of the human personality and sense of dignity.

The program positively engages with the right to education by providing culturally safe support for Aboriginal and Torres Strait Islander youth in tertiary education, with a view to supporting them to reach their full educational potential.

Table item 745 is compatible with human rights because it promotes the protection of human rights.

Table item 746 – Healing for Strong Families Program

New table item 746 establishes legislative authority for government spending on the Healing for Strong Families Program (the program).

The program aims to support and empower Aboriginal and Torres Strait Islander families impacted by domestic violence or at risk of engaging in the child protection system through the delivery of place-based, trauma-aware, and culturally responsive healing services aimed at early intervention, recovery and supporting families.

Key family-focused healing activities with grant funding of $16.6 million over three years from 2025-26 are being developed through a community-led co-design process to:

support First Nations families who have experienced violence to break the cycle of intergenerational trauma and family separation;
address the disproportionately high rates of violence, including homicide and family, domestic and sexual violence experienced by First Nations women;
address the disproportionately high levels of child removal, and poorer outcomes across incarceration, health, housing, education and employment experienced by First Nations women and children;
address the legacy of trauma and loss that continues to affect First Nations peoples, families and communities;
invest in the leadership and self-determination of First Nations women and to effectively integrate their knowledge and insights to achieve positive changes for the entire community; and
build the evidence base for integration of culturally safe healing approaches into the practices of participating services.

Human rights implications

Table item 746 engages the following rights:

the rights of women against prejudices and discrimination – Articles 3, 5 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), read with Article 2;
the rights of a child to be protected against violence and prejudice – Articles 3, 19 and 36 of the Convention on the Rights of the Child (CRC), read with Article 4;

the right to non-torture or mistreatment, including right to liberty and security of a person – Articles 7 and 9 of the ICCPR, read with Article 2; and
the right to health and to participate in cultural life – Articles 11 and 12 of the ICESCR, read with Article 2.

Rights of women against prejudices and discrimination

Article 2 of the CEDAW requires States Parties to ‘condemn discrimination against women in all its forms’ and ‘agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women’.

Article 3 of the CEDAW requires States Parties to 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 requires States Parties to ‘modify social and cultural patterns of conduct of men and women to eliminate prejudices’ and to ‘ensure that family education includes a proper understanding of maternity as a social function and recognise the common responsibility of men and women in the upbringing and development of children’.

Article 16 of the CEDAW requires States Parties to ‘take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations’.

Gender-based violence, including domestic, family and sexual violence, is a form of discrimination that inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men. The program provides for action, effort and partnership across government and First Nations communities towards the vision of ending violence against women and children.

Funding under the program will promote the elimination of discrimination against women by providing funding for a suite of activities that:

provide support and services for women affected by family, domestic and sexual violence;
support the collection of a research and evidence base to understand and provide appropriate responses to the specific challenges women from diverse cultural, ethnic, religious and linguistic backgrounds face in relation to domestic, family and sexual violence;
support activities that change community attitudes and other factors driving violence against women and their children, and build community awareness of violence against women and their children; and
encourage respectful relationships across all cohorts and settings.

Rights of the child to be protected against violence and prejudice

Article 3 of the CRC requires States Parties to ensure that children receive the protection and care necessary for their wellbeing and, to this end, to take all appropriate legislative and administrative measures.

Article 4 of the CRC requires States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights in the CRC.

Article 19 of the CRC requires States Parties to ‘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’.

Article 36 of the CRC requires States Parties to protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare.

Funding will be provided under the program for activities that support children and young people as victim-survivors in their own right, and to establish appropriate supports and services that will meet their safety and recovery needs.

Right to non-torture or mistreatment, including right to liberty and security of a person

Article 2 of the ICCPR requires that each State Party to the ICCPR ‘undertakes to respect and 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’.

Article 7 of the ICCPR states that no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment, and in particular, to medical or scientific experimentation without providing their free consent.

Article 9 of the ICCPR recognises the right to liberty and security of person.

The program aims to reduce rates of both violence experienced by First Nations women and rates of child removal experienced by First Nations children. This includes through the provision of First Nations-led healing services that will respond to the widespread issue of family, domestic and sexual violence impacts on women and children to promote security.

Right to health and to participate in cultural life

Article 2 of the ICESCR requires States Parties to undertake steps to achieve the full realisation of the rights recognised in the ICESCR and to guarantee that the rights recognised therein will be exercised without discrimination.

Article 11 of the ICESCR requires States Parties to recognise the right of everyone to an adequate standard of living for himself and his family and to take appropriate steps to ensure the realisation of this right.

Article 12 of the ICESCR requires States Parties to recognise the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’ and includes obligations to take steps towards the full realisation of this right as needed for ‘the prevention, treatment and control of epidemic, endemic, occupational and other diseases’.

The program proposes to target priority areas to reduce the incidence of domestic violence against women and children and support women who are victims of domestic violence. In doing this, the activities will help reduce the incidence of physical and mental health problems among women.

Table item 746 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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