EXPLANATORY STATEMENT
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 2016
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, 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 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 programs specified in the Principal Regulations. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.
Schedule 1 to the Regulation amends the Principal Regulations to establish legislative authority in Schedule 1AB for spending by the Government to:
- fund the Remote Hearing and Vision for Children program by a grant to the Royal Institute for Deaf and Blind Children to provide children with hearing or vision impairment, and their families, in outer regional, rural and remote areas of Australia with video-based access to information, guidance, support and skills development from qualified allied health and education professionals; and
- fund the Young Carers Respite and Information Services programme to support students with a significant caring role to enable them to complete their secondary education or the vocational equivalent.
The programs 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 2016
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 2016.
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 3 of Schedule 1AB (table)
This item adds a new table item to Part 3 of Schedule 1AB that establishes legislative authority for government spending for an activity that is administered by the Department of Social Services (DSS).
New table item 10 establishes legislative authority for the Government to fund the Remote Hearing and Vision for Children programme to provide support to children, up to 18 years of age, with hearing or vision impairment, and their families, in outer regional, rural and remote areas of Australia. Support will be provided through video-based access to information, guidance, support and skills development from qualified allied health and education professionals where such expertise may otherwise be scarce.
The program is delivered by a grant to the Royal Institute for Deaf and Blind Children through their Teleschool initiative. Information about the program, including program guidelines, is available on the DSS website (www.dss.gov.au/disability-and-carers/programmes-services/for-people-with-disability/remote-hearing-and-vision-services-for-children).
Funding of $1.12 million was allocated to the program in the 2015-16 Budget, providing assistance to a minimum of 100 children. The program will transition to the National Disability Insurance Scheme from 1 July 2016.
The decision-maker for the grant made under this initiative is the Minister for Social Services, or a nominated departmental delegate in accordance with the Public Governance, Performance and Accountability Act 2013. Following completion of a direct selection process which was undertaken in accordance with the Commonwealth Grants Rules and Guidelines, the delegate approved the expenditure of the grant.
Given the targeted, non-competitive nature of funding for this program, merits review is not applicable.
The program is part of Program 5.1: Disability Mental Health and Carers. Program 5.1 comes under Outcome 5: Disability and Carers - Improved independence of, and participation by, people with disability, including improved support for carers, by providing targeted support and services. Funding details are set out in the Portfolio Budget Statements 2015-16, Budget Related Paper No. 1.15A, Social Services Portfolio at page 147.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the following powers of the Constitution:
- the social welfare power (section 51(xxiiiA));
- the communications power (section 51(v)); and
- the external affairs power (section 51 (xxix)).
Item 2 – Part 4 of Schedule 1AB (table)
This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending for an activity administered by the DSS.
New table item 141 establishes legislative authority for the Government to provide funding for the Young Carers Respite and Information Services programme. Grants will be provided to support students with a significant caring role to complete their secondary education or the vocational equivalent.
The Young Carers Respite and Information Services programme is a targeted measure, first established in the 2004-05 Budget, which seeks to supplement existing programs and services, not replace them. On 13 March 2015, an extension of the program from 1 July 2015 to 30 June 2016 was announced by the former Assistant Minister for Social Services, Senator the Hon Mitch Fifield. The Government has allocated $8.3 million to this program in 2015-16.
The program has two components:
- fund the Remote Hearing and Vision for Children programme by a grant to the Royal Institute for Deaf and Blind Children to provide children with hearing or vision impairment, and their families, in outer regional, rural and remote areas of Australia with video-based access to information, guidance, support and skills development from qualified allied health and education professionals; and
- fund the Young Carers Respite and Information Services programme to support students with a significant caring role to enable them to complete their secondary education or the vocational equivalent.
Information about the Young Carers programme, including program guidelines, is available on the DSS website (www.dss.gov.au/disability-and-carers/programmes-services/young-carers-respite-and-information-services).
The decision-maker for this program is the Minister for Social Services, or a nominated departmental delegate in accordance with the Public Governance, Performance and Accountability Act 2013.
Following completion of a direct selection process which was undertaken in accordance with the Commonwealth Grant Rules and Guidelines and the Public Governance, Performance and Accountability Act 2013, the delegate approved the expenditure of grants to providers delivering the Young Carers Respite and Information Services programme. Information about the grant guidelines was made publically available on the DSS website.
Merits review is not applicable given the targeted, non‑competitive nature of funding for this program.
Funding will come from Program 5.2: National Disability Insurance Scheme. Program 5.2 comes under Outcome 5: Disability and Carers - Improved independence of, and participation by, people with, disability, including improved support for carers, by providing targeted support and services. Funding details are set out in the Portfolio Budget Statements 2015-16, Budget Related Paper No. 1.15A, Social Services Portfolio at page 151.
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 social welfare power (section 51(xxiiiA)); and
- the communications power (section 51(v)).
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 2016
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 programs specified in the Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs.
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.
Schedule 1 to the Regulation adds two new items to Schedule 1AB to establish legislative authority for the Government to fund:
- grants to the Royal Institute for Deaf and Blind Children to provide children with hearing and/or vision impairment, and their families, in outer regional, rural and remote areas of Australia with video-based access to information, guidance, support and skills development from qualified allied health and education professionals where such expertise may otherwise be scarce; and
- grants for the provision of supports to students with a significant caring role who need support to complete their secondary education or the vocational equivalent due to the demands of their caring role.
The programs will be administered by the Department of Social Services.
The Minister for Social Services has portfolio responsibility for these programs.
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