EXPLANATORY STATEMENT
Select Legislative Instrument No. 233, 2015
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Social Services Measures No. 1) Regulation 2015
The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) 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, programmes 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 FF(SP) Act applies to Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.
Section 32B of the FF(SP) 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 programmes specified in the Principal Regulations. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programmes.
The Regulation amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain measures which are part of the $100 million Women’s Safety Package to Stop the Violence, announced by the Prime Minister, the Hon Malcolm Turnbull MP, and the Minister for Women, Senator the Hon Michaelia Cash, on 24 September 2015.
The measures are:
- a trial with the states and territories on the innovative use of technology to improve the safety of women at risk of experiencing violence;
- the provision of safe technology for women, such as access to new smart phones;
- activities to keep women safe in their homes, including risk assessments of homes, the installation of closed-circuit television, real time monitoring and surveillance;
- providing funding for MensLine Australia to enhance and expand its services to support perpetrators of violence not to re-offend;
- expanding domestic violence-alert training for frontline staff, including police, social workers, emergency department staff and community workers to better support women; and developing and delivering specialised training to general practitioners across the country; and
- providing funding for local support coordinators, one in each jurisdiction, to assist women to access services in an integrated way, including housing, safety and budgeting services.
These programmes will be administered by the Department of Social Services.
Details of the Regulation are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation commences on the day after registration on the Federal Register of Legislative Instruments.
Consultation
In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Department of Social Services.
A regulation impact statement is not required as the Regulation only applies to non‑corporate Commonwealth entities and does not adversely affect the private sector.
Details of the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 1) Regulation 2015
Section 1 – Name
This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 1) Regulation 2015.
Section 2 – Commencement
This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Authority
This section provides that the Regulation is made under the Financial Framework (Supplementary Powers) Act 1997.
Section 4 – Schedules
This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedules to the Regulation.
Schedule 1 – Amendments
Item 1 - Part 2 of Schedule 1AB (at the end of the table)
This item adds a new table item to Part 2 of Schedule 1AB that establishes legislative authority for government spending for an activity to be administered by the Department of Social Services.
New table item 5 establishes legislative authority for the Government to fund a programme to trial the innovative use of technology to keep women safe.
Under this programme, the Government will provide grants to a state or territory for the development and delivery of trials that test ways of using innovative technology to improve the safety of women at risk of experiencing violence.
Examples of technology trials that could be funded, but not limited to these, may include:
- Global Positioning System (GPS) monitoring systems for high-risk perpetrators of domestic, family and sexual violence; and
- portable panic buttons that women at risk of violence can carry with them and activate at any time to get immediate help from the police.
The Government has announced funding of $12 million for this programme. Funding will be matched by state and territory governments as agreed between both parties. This programme was announced on 24 September 2015 by the Government as part of the Women’s Safety Package to Stop the Violence.
The decision-maker for funding under this item is the Minister for Social Services, or nominated departmental delegate. All funding for this item will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
A closed selection process will be made for spending decisions, with a selection process open to state and territory governments only. The Department will undertake selection processes in line with the Commonwealth Grants Rules and Guidelines. Given the targeted nature of the funding for the programme and the requirement for the state and territory governments to co-fund the trials, merits review is not applicable.
This item is part of Programme 2.1 Families and Communities which comes under Outcome 2: Families and Communities.
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 grants to states power (section 96); and
- the territories power (section 122).
Item 2 – Part 4 of Schedule 1AB (table)
This item adds five new table items to Part 4 of Schedule 1AB that establish legislative authority for government spending for certain activities administered by the Department of Social Services. The activities are part of the Women’s Safety Package to Stop the Violence which was announced by the Government on 24 September 2015.
New table item 118 establishes legislative authority for the Government to provide funding for safe technology for women.
This programme will enable women at risk of experiencing violence to keep safe by providing them with access to new smart phones and safe technology information through partnerships with major telecommunications providers. This support will mean that women (and their children) who are experiencing, or at risk of, violence can dispose of their current phone if it is compromised. This will help combat the growing problem of perpetrators stalking, tracking, monitoring or harassing victims through existing spy-ware or facilities on the original phone.
The new phone would also enable women to safely maintain connections in the community and to seek and receive urgent support as required. This measure would include the provision of budgeting and financial management applications on the phones, as well as the DAISY application to help women plan to keep themselves and their families safe.
The Government has announced funding of $5 million for this programme. This includes funding for the Children’s eSafety Commissioner to develop resources to inform women about online safety.
The decision-maker for funding under this item is the Minister for Social Services, or nominated departmental delegate, or the Children’s eSafety Commissioner or his delegate in relation to information about online safety. All expenditure for this item will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
Grants for this measure will be made in accordance with the Commonwealth Grants Rules and Guidelines. Grant selection processes will utilise the standard grant model of the Department of Social Services, including the use of open competitive, targeted and closed non-competitive selection processes. Information on grant availability and processes, including eligibility criteria and the application process, will be published on the website of the Department of Social Services at www.dss.gov.au/grants.
A complaints service is available for applicants and grant recipients. They can contact the complaints service listed on the website with complaints about the Department’s service(s), the selection process or about the service of the Department’s grant recipients.
In addition to the Department’s complaints service, applicants are able to seek review from the Commonwealth Ombudsman. No further merits review is considered appropriate given the limited pool of allocated funds.
This item is part of Programme 2.1 Families and Communities which comes under Outcome 2: Families and Communities.
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));
- the external affairs power (section 51(xxix)); and
- the territories power (section 122).
New table item 119 establishes legislative authority for the Government to fund activities to keep women safe in their homes.
This programme will roll-out new or existing technologies to keep women safe from repeated violence by their former partner. These technologies would provide opportunities for real time monitoring, surveillance, and response to continued violence perpetrated against women. This would improve the safety of women who have separated from abusive partners, support women and their children to stay in their own homes when safe and appropriate, deter perpetrators from re-offending and facilitate the collection of admissible evidence to improve justice responses.
The programme will provide funding to providers for two distinct elements to:
- fund the Salvation Army to work with relevant organisations to conduct risk assessments in the homes of family violence victims, check for tracking devices installed by perpetrators and assess the benefits of installing safe‑at‑home technologies; and
- expand the ‘Safer in the Home’ programme to install closed-circuit television and other safety improvements in the home. Safer in the Home programmes are an early intervention, holistic response. The primary goal is to support women and their children to stay in their own homes when safe and appropriate and enhance their safety outcomes through a comprehensive risk and safety assessment and a tailored safety plan and case management.
The Government has announced funding of $17 million for this programme.
The decision-maker for funding under this item is the Minister for Social Services, or a nominated departmental delegate. All expenditure for this item will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
Grants will be made in accordance with the Commonwealth Grants Rules and Guidelines. Grant selection processes will utilise the standard grant model of the Department of Social Services, including the use of open competitive, targeted and closed non-competitive selection processes. Information on grant availability and processes, including eligibility criteria and the application process, will be published on the website of the Department of Social Services at www.dss.gov.au/grants.
A complaints service is available for applicants and grant recipients. They can contact the complaints service listed on the website with complaints about the Department’s service(s), the selection process or about the service of the Department’s grant recipients.
In addition to the Department’s complaints service, applicants are able to seek review from the Commonwealth Ombudsman. No further merits review is considered appropriate given the limited pool of allocated funds.
This item is part of Programme 2.1 Families and Communities which comes under Outcome 2: Families and Communities.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:
- the external affairs power (section 51(xxix));
- the grants to states power (section 96); and
- the territories power (section 122).
New table item 120 establishes legislative authority for the Government to provide funding to MensLine Australia for tools and resources to support perpetrators not to re‑offend.
MensLine Australia delivers support, resources and counselling for men with family and relationship concerns, via telephone, video and online mediums such as Skype. This measure involves increasing funding to MensLine Australia to enhance and expand services to increase its capacity to better target men who perpetrate family violence or are at risk of using violence. This will be achieved primarily through employing more counsellors and administrative staff to develop resources, target and counsel those men.
The Government has announced funding of $2 million will be provided to MensLine Australia.
The decision-maker for funding under this item is the Minister for Social Services, or a nominated departmental delegate. All funding for this item will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
There will be a direct selection process undertaken to engage MensLine Australia. The Department will undertake the selection process in line with the Commonwealth Grants Rules and Guidelines.
Given the targeted, non-competitive nature of funding for the programme, merits review is not applicable.
This item is part of Programme 2.1 Families and Communities which comes under Outcome 2: Families and Communities.
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)).
New table item 121 establishes legislative authority for the Government to fund training for frontline staff to better respond to women experiencing domestic and family violence.
This programme focuses on ensuring that critical frontline workers in universal services are appropriately skilled and trained to respond to women experiencing domestic and family violence.
This programme involves the following two elements:
- expansion of the DV-alert training programme for police, social workers, emergency department workers and community workers to support their engagement with victims and perpetrators of domestic and family violence. DV-alert is a nationally accredited, free training programme designed to help health and allied health workers better understand and identify domestic and family violence and improve their referral and support skills. The Government will provide funding to DV-alert for the development and delivery of specialised training modules for the police, and for the delivery of training to a broader group of frontline workers; and
- work with the Royal Australian College of General Practitioners and the Australian College of Rural and Remote Medicine to build on content already developed to deliver specialised training to help general practitioners better recognise, respond and refer victims of violence to appropriate specialist services.
The Government has announced funding of $14 million for this programme.
The decision-maker for funding for the DV-alert programme under this item is the Minister for Social Services, or nominated departmental delegate. The decision-maker for funding decisions relating to specialised training for general practitioners is the Minister for Health, or nominated departmental delegate. All funding for this item will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
There will be a direct selection process undertaken to engage Lifeline Australia. Lifeline Australia delivers DV-Alert Training, which is the only national, freely available accredited training provided to health and allied health professionals and people working with people from culturally and linguistically diverse backgrounds and Indigenous communities. It is a well-regarded programme and has been favourably evaluated. The Department will undertake selection processes in line with the Commonwealth Grants Rules and Guidelines. Given the targeted, non‑competitive nature of funding for the programme, merits review is not applicable.
This item is part of Programme 2.1 Families and Communities which comes under Outcome 2: Families and Communities.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:
- the external affairs power (section 51(xxix)); and
- the territories power (section 122).
New table item 122 establishes legislative authority for the Government to fund local support coordinators, one in each jurisdiction, to assist women to navigate services in an integrated way. The support coordinators will create individualised support plans for each woman, depending on her needs.
Assistance will be provided through:
- advice and planning for women’s safety, housing, health, counselling and budgeting needs;
- access to brokerage funds for critical services, for example, emergency housing, clothing, food or counselling; and
- referrals to other services and follow-up support.
The programme may operate from soft entry points, such as child and family centres, general practitioners and schools that are safe for women to access.
The Government has announced funding of $5 million for this programme.
The decision-maker for this programme is the Minister for Social Services, or a nominated departmental delegate. All expenditure for this item will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
Grants for this measure will be made in accordance with the Commonwealth Grants Rules and Guidelines. Grant selection processes will utilise the standard grant model of the Department of Social Services, including the use of open competitive, targeted and closed non-competitive selection processes. Information on grant availability and processes, including eligibility criteria and the application process, will be published on the website of the Department of Social Services at www.dss.gov.au/grants.
A complaints service is available for applicants and grant recipients. They can contact the complaints service listed on the website with complaints about the Department’s service(s), the selection process or about the service of the Department’s grant recipients.
In addition to the Department’s complaints service, applicants are able to seek review from the Commonwealth Ombudsman. No further merits review is considered appropriate given the limited pool of allocated funds.
This item is part of Programme 2.1 Families and Communities which comes under Outcome 2: Families and Communities.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:
- the external affairs power (section 51(xxix)); and
- the territories power (section 122).
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 (Social Services Measures No. 1) Regulation 2015
This Regulation 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 FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programmes specified in the Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programmes.
The FF(SP) Act applies to 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 Regulation amends Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on certain measures which are part of the $100 million Women’s Safety Package to Stop the Violence, announced by the Prime Minister, the Hon Malcolm Turnbull MP, and the Minister for Women, Senator the Hon Michaelia Cash, on 24 September 2015.
The measures are:
- a trial with the states and territories on the innovative use of technology to improve the safety of women at risk of experiencing violence;
- the provision of safe technology for women, such as access to new smart phones;
- activities to keep women safe in their homes, including risk assessments of homes, the installation of closed-circuit television, real time monitoring and surveillance;
- providing funding for MensLine Australia to enhance and expand its services to support perpetrators of violence not to re-offend;
- expanding domestic violence-alert training for frontline staff, including police, social workers, emergency department staff and community workers to better support women; and developing and delivering specialised training to general practitioners across the country; and
- providing funding for local support coordinators, one in each jurisdiction, to assist women to access services in an integrated way, including housing, safety and budgeting services.
These programmes will be administered by the Department of Social Services.
The items specified in Schedule 1AB are the responsibility of the relevant Minister who has portfolio responsibility for the matters.
Human rights implications
The Regulation does not engage any of the applicable rights or freedoms.
Conclusion
This Regulation is compatible with human rights as it does not raise any human rights issues.
Senator the Hon Mathias Cormann
Minister for Finance