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. 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 non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
The Principal Regulations are exempt from sunsetting under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (item 28A). If the Principal Regulations were subject to the sunsetting regime under the Legislation Act 2003, this would generate uncertainty about the continuing operation of existing contracts and funding agreements between the Commonwealth and third parties (particularly those extending beyond 10 years), as well as the Commonwealth’s legislative authority to continue making, varying or administering arrangements, grants and programs.
Additionally, the Principal Regulations authorise a number of activities that form part of intergovernmental schemes. It would not be appropriate for the Commonwealth to unilaterally sunset an instrument that provides authority for Commonwealth funding for activities that are underpinned by an intergovernmental arrangement. To ensure that the Principal Regulations continue to reflect government priorities and remain up to date, the Principal Regulations are subject to periodic review to identify and repeal items that are redundant or no longer required.
Section 32B of the FFSP Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations. Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations. Section 32D of the FFSP Act confers powers of delegation on Ministers and the accountable authorities of non-corporate Commonwealth entities, including subsection 32B(1) of the FFSP Act. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.
Section 65 of the FFSP Act provides that the Governor-General may make regulations prescribing matters required or permitted by the FFSP Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the FFSP Act.
The Financial Framework (Supplementary Powers) Amendment (Social Services 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 Department of Social Services.
Funding will be provided for the following:
- a grant to the Rev Bill Crews Foundation Ltd to support Australians experiencing financial hardship through the provision of specialist support, play therapy, literacy programs and health services, including medical and dental ($10.0 million over four years from 2025-26); and
- a grant to Partnerships for Local Action and Community Empowerment Ltd to enable place-based change through supporting the development and implementation of
place-based approaches, partnerships and solutions (place-based initiatives) that improve social and economic outcomes in communities, and advance public welfare ($19.3 million over five years from 2024-25).
Details of the Regulations are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
The Regulations commence on the day after registration on the Federal Register of Legislation.
Consultation
In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Social Services.
Attachment A
Details of the Financial Framework (Supplementary Powers) Amendment
(Social Services Measures No. 2) Regulations 2025
Section 1 – Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Social Services 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 item in Schedule 1 amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Social Services (the department).
Item 1 – In the appropriate position in Part 3 of Schedule 1AB (table)
This item adds two new table items to Part 3 of Schedule 1AB.
Table item 95 – Grant to the Rev Bill Crews Foundation Ltd
New table item 95 establishes legislative authority for the Government to provide a grant to the Rev Bill Crews Foundation Ltd (the Foundation).
Support for the Foundation was announced as an election commitment in Labor’s costed plan to Build Australia’s Future by the Prime Minister, the Hon Anthony Albanese MP, on 26 April 2025 to support the critical work of the Foundation in supporting vulnerable Australians.
Grant funding will be allocated under the Financial Wellbeing Hubs (the Hubs), a component of the department’s Financial Wellbeing and Capability (FWC) Activity. Programs under the FWC Activity support vulnerable individuals and families to navigate financial crises, manage financial stress and hardship, and improve their financial wellbeing.
The Hubs provide integrated, co-located services with a strong focus on early intervention and financial capability, while also supporting people experiencing financial crisis. At a minimum, the Hubs deliver financial capability activities, including financial literacy (which is closely linked to both literacy and digital literacy), financial counselling, emergency relief (e.g. food and material aid), and access to the No Interest Loans Scheme. However, the specific services are led by, and targeted to, community needs such as those delivered by the Foundation including First Nations communities, people with disability, youth, people impacted by family, domestic and sexual violence (FDSV) and culturally and/or linguistically diverse (CALD) communities.
The grant to the Foundation will support vulnerable Australians experiencing financial hardship through the provision of financial crisis and recovery supports, including meals and food vouchers, specialist support for people experiencing FDSV, school-based literacy programs, and services to support individuals, children and families including play therapy, healthcare and coordination support. The holistic range of services will be delivered through the Foundation’s existing premises in Ashfield, Sydney, and the literacy programs will be delivered across New South Wales (NSW) and the Northern Territory (NT).
The Foundation does not currently receive funding under the FWC Activity but is considered well-placed to immediately deliver FWC services under the Hubs model. The Foundation currently provides a range of related support from its drop-in centre in Ashfield. This includes free food parcels and clothing, utility bill assistance and advice. The Foundation’s case workers also assist people with Centrelink services, housing, emergency accommodation and referrals to complementary support services.
The Foundation is well established within the community, with the leader, Reverend Bill Crews, supporting vulnerable individuals and communities for over 30 years. An ad hoc grant process will be undertaken to expand the services of the Foundation with a focus on financial crisis and recovery supports, aligning to other FWC services and organisations.
The services to be delivered by the Foundation under the grant will include:
- provision of daily meals to vulnerable community members;
- coordination of supports for individuals presenting at the Foundation’s Ashfield premises, including specialist support for individuals experiencing FDSV;
- play therapy services for children in Western Sydney; and
- school-based literacy programs in NSW and the NT.
The grant funding will also assist with the annual rental costs of the Foundation’s Blacktown medical clinic, which provides a range of healthcare services including medical, dental and alcohol and other drug services, and ongoing program management and administrative support of the services listed above.
The funding will expand the range of supports already offered by the Foundation to include financial wellbeing and crisis supports (such as the provision of meals) which will enhance the wraparound services available to people seeking assistance. Under the Hubs, the client intake process includes the assessment of financial circumstances or crisis, and in line with this, the provision of any immediate supports, with triage to a range of further supports that address the person’s short and longer-term needs.
Legislative authority for FWC services to be delivered by the Foundation under this grant, namely, the provision of meals and the coordination of support for people presenting at the Foundation’s premises, is provided by table item 283 in Part 4 of Schedule 1AB. Legislative authority under table item 95 in Part 3 of Schedule 1AB will support non-FWC services to be delivered by the Foundation.
The grant is expected to benefit individuals and families experiencing financial crises, including those affected by homelessness, rental stress, unemployment, addiction, gambling harm, and FDSV among other factors. Eligibility for the Foundation’s services includes:
- people who cannot pay a bill or who are at risk of not being able to pay a bill;
- people in receipt of an income support payment;
- newly arrived migrants and non-citizens, with priority given to newly arrived refugees;
- victim-survivors of family, domestic and/or sexual violence; and
- children and young people who live in the NT or NSW.
Funding amount and arrangements, merits review and consultation
Funding of $10.0 million over four years from 2025-26 for the grant will be included in the 2025-26 Mid-Year Economic and Fiscal Outlook and the Portfolio Additional Estimates Statements for the Social Services portfolio. Funding will come from Program 2.1: Families and Communities (2.1.5 – Component 5: Financial Wellbeing and Capability), which is part
of Outcome 2.
Funding will be provided to the Foundation through an ad hoc grant aligned to the Hubs, which will be administered in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) and the Commonwealth Grants Rules and Principles 2024 (CGRPs).
Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles set out in the CGRPs in administering the grant. Grant opportunity guidelines and information about the grant will be made available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the Community Grants Hub, which is part of the department.
The Minister for Social Services, or a delegate of the Secretary of the department under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act) will be responsible for approving Commonwealth funding. The delegate will be the Deputy Secretary (Senior Executive Service (SES) Band 3 level), Families and Communities, who has knowledge of and experience in Program 2.1. Families and Communities.
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 commitment to fund the Foundation was based on their long history (since 1989) of supporting vulnerable people experiencing financial and other crises. The Foundation is well placed to immediately deliver Hubs services, connecting with their delivery of other
co-located services such as Alcoholics Anonymous, Gambling Anonymous, healthcare support and free meals, and building on their existing infrastructure and staff, including case workers.
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.
The review of FWC programs undertaken in 2023-24 (the review) found strong benefits of offering integrated, co-located services as well as the flexibility for organisations to determine the best use and allocation of funds to meet the specific needs of their community. The findings of the FWC review informed the new FWC grants commencing in 2025-26, including the Hubs program (a refresh of the former Money Support Hubs program) under which this grant will be delivered.
Funding the Foundation under the Hubs model aligns with the review’s findings and enables the Foundation to establish and/or bolster key activities in response to demand and identified needs within the communities it services. The department has consulted with the Foundation to confirm the scope of services to be delivered, including how funding would be allocated across the services and estimated operational expenses.
Constitutional considerations
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 external affairs power (section 51(xxix)); and
- the territories power (section 122).
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including medical and dental services (but not as to authorise any form of civil conscription).
Funding to the Foundation will be used for the annual rental costs of the Foundation’s Blacktown medical clinic, which provides a range of healthcare services including medical, dental and alcohol and other drug services.
External affairs power
Section 51 (xxix) of the Constitution empowers the Parliament to make laws with respect
to ‘external affairs’.
The external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party, including the following:
- Convention on the Elimination of all Forms of Discrimination against Women;
- Convention on the Rights of the Child;
- International Covenant on Civil and Political Rights;
- International Covenant on Economic, Social and Cultural Rights; and
- Single Convention on Narcotic Drugs.
Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
Australia has international obligations regarding the promotion of equal rights for women and girls under the CEDAW, in particular, under Articles 1, 2, 3, 5 and 16.
Article 1 of the CEDAW provides that ‘the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field’.
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. This includes taking all appropriate legislative and policy measures to eliminate discrimination against women.
Article 3 of the CEDAW requires States Parties to take 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 take all appropriate measures to eliminate prejudices and all practices based upon ‘the idea of the inferiority or the superiority of either of the sexes’.
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.
Funding to the Foundation will be used to provide specialist support to female victim-survivors who are experiencing FDSV.
Convention on the Rights of the Child (CRC)
Australia has international obligations regarding the recognition of the civil, political, economic, social and cultural rights of every child under the CRC, in particular, under Articles 4, 19, 23, 24, 27, 28 and 29.
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 23 of the CRC requires States Parties to recognise that a mentally or physically disabled child should enjoy a full and decent life, including the right of the disabled child to special care with such assistance being designed to ensure that the disabled child has effective access to and receives education, training, and healthcare services in a manner conducive to the child’s achieving the fullest possible social integration and individual development.
Article 24 of the CRC requires States Parties to recognise the right of the child to ‘the enjoyment of highest attainable standard of health’ and to ensure access to healthcare and medical assistance, and to take steps to combat disease and malnutrition.
Article 27 of the CRC requires States Parties to recognise the right of the child to a ‘standard of living adequate for the child’s physical, mental, spiritual, moral and social development’, and to assist parents in implementing this right.
Article 28 of the CRC requires States Parties to recognise the right of the child to education, particularly by making primary education compulsory and free, creating accessible vocational and secondary education, making higher education accessible, and making educational and vocational information and guidance available and accessible to all children.
Article 29 of the CRC provides that States Parties agree that education shall be directed to the development of the child’s personality, talents and mental and physical abilities to their fullest potential, amongst other things.
Funding to the Foundation will be used to provide services to children aimed at supporting their wellbeing and development in order to reach their full potential. Examples of these services include the provision of childhood education play therapy for children and families that will aim to support the wellbeing and development of children and the provision of literacy programs to young people in the NT and in NSW that will be directed to the development of the child’s talents and mental abilities to reach their fullest potential. In addition, specialist support services will be provided to victim-survivors who are children experiencing FDSV.
International Covenant on Civil and Political Rights (ICCPR)
Australia has obligations under the ICCPR to promote universal respect for, and observance of, human rights and freedoms, in particular, under Articles 2, 7, 9 and 17.
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.
Article 17 of the ICCPR states that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
Funding to the Foundation will be used to support measures directed to protection against, and the prevention of, FDSV regardless of the gender or age of the victim-survivors.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Australia has international obligations regarding the protection of economic, social and cultural rights under the ICESCR, in particular, under Articles 2 and 12.
Article 2 of the ICESCR requires States Parties to undertake steps to implement the rights recognised by ICESCR by all appropriate means, including particularly the adoption of legislative measures.
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. This includes taking steps to reduce child mortality and ensure the healthy development of children, prevent and control disease, and ensure medical attention in the event of sickness.
Funding to the Foundation will be used to support the operational expenses at the Foundation’s Blacktown medical clinic. This will assist in the prevention, treatment and control of diseases and conditions and be conducive to citizens’ access to medical service and medical attention.
Single Convention on Narcotic Drugs (SCND)
Australia has obligations under the SCND to regulate the cultivation, production, supply, trade and transport of specific narcotic drugs, in particular, under Articles 4 and 38.
Article 4 of the SCND requires Parties to take legislative and administrative measures as necessary, including to give effect to and carry out the provisions of the Convention within their own territories and subject to the provision of the Convention to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs.
Article 38 of the SCND requires Parties to take measures against the abuse of drugs. This includes Parties giving special attention to and taking all practicable measures for the prevention of abuse of drugs and for the early identification, treatment, education, after-care, rehabilitation and social reintegration of the persons involved and shall co-ordinate their efforts to these ends, and promoting the training of personnel in the treatment, after-care, rehabilitation and social reintegration of abusers of drugs.
Funding to the Foundation will be used for the operational expenses for rehabilitation services for people who have a narcotic drug addiction. The services will provide identification, treatment, education, after-care, rehabilitation and social reintegration of these people who suffer from drug addiction.
Territories power
Section 122 of the Constitution empowers the Parliament to ‘make laws for the government of any territory’.
Funding will be used by the Foundation to provide literacy programs for children and young people in the NT. The delivery of such services will be supported by the territories power.
Table item 96 – Grant to Partnerships for Local Action and Community Empowerment Ltd
New table item 96 establishes legislative authority for the Government to provide a grant to Partnerships for Local Action and Community Empowerment Ltd (PLACE Ltd).
The policies underpinning the grant to PLACE Ltd are the Targeting Entrenched Disadvantage (TED) package and the Investment Dialogue for Australia’s Children (IDAC).
The department, in partnership with the Department of the Treasury and the Australian Bureau of Statistics, is leading the implementation of the TED package that was announced as part of the 2023-24 Budget and enhanced through the 2024-25 Budget. The TED package commits Government to working differently, focusing on working in partnership to address entrenched intergenerational disadvantage. This is facilitated through:
- supporting the social impact investing market;
- the IDAC partnership with philanthropy;
- enhanced community-led partnership approaches; and
- the development and implementation of a Whole-of-Government Framework to Support Community Change.
IDAC is a ten-year collaboration between the Australian Government and 25 philanthropic organisations to improve the health and wellbeing of children, young people, and their families, by working with communities to create long-term, intergenerational change. Grant funding to PLACE Ltd has been established as a key early commitment under the IDAC.
The Government announced funding of $19.3 million to PLACE Ltd on 30 October 2024 as a measure under the TED package (https://ministers.dss.gov.au/media-releases/16551).
Government funding and matched funding from philanthropy, will provide a combined total of up to $38.6 million over five years. Funding to PLACE Ltd is jointly stewarded by the Government and five philanthropic foundations including the Minderoo Foundation, the Paul Ramsay Foundation, the Ian Potter Foundation, the Bryan Foundation and Dusseldorp Forum.
PLACE Ltd will enable and support place-based change through building capability for, and supporting and empowering, community-led and place-based approaches to address complex social and economic challenges in communities and disrupt entrenched disadvantage.
Place-based approaches involve governments and other partners working with local communities to develop collaborative, long-term solutions to complex social and economic problems, tailored to individual community needs. The Government funding to PLACE Ltd will better enable these approaches through supports to Commonwealth place-based programs, which aim to improve social and economic outcomes in communities and advance public welfare in areas including the early years, youth development, health, education, employment and youth justice. This is about ensuring no Australian is left behind or held back because of where they grew up.
There are currently an estimated 60 Commonwealth funded place-based programs and partnerships operating in approximately 300 communities nationally. These include well established partnerships administered by the department, for example, the Stronger Places, Stronger People initiative, a community-led partnership designed to improve the lives of children and their families. PLACE Ltd will also support and benefit the development and implementation of place-based approaches that are not Commonwealth funded, with funds provided by the five co-funding philanthropic organisations.
The co-funding arrangement will enable PLACE Ltd to support and strengthen the uptake, delivery and impact of place-based approaches in communities across the country, particularly in communities experiencing entrenched disadvantage, and foster a collaborative environment where local leadership and knowledge drive sustainable improvements leading to long-term, positive place-based change.
The activities undertaken by PLACE Ltd are anticipated to have a positive impact for First Nations communities, as well as other key cohorts such as CALD communities, and people with disability.
PLACE Ltd has been structured to deliver better outcomes for, and to support the uptake of, place-based approaches, partnerships and solutions (referred to collectively as place-based initiatives) across four primary interdependent functions:
- Enable - working with communities to identify and provide solutions for a national workforce strategy for place-based change. Through this function, PLACE Ltd is expected to establish and nurture cross-sector partnerships and create shared workforce solutions that strengthen practice, particularly at a local level;
- Learn and Share - bringing together, translating, generating and disseminating evidence, knowledge, research and other resources to amplify and accelerate
place-based practice and policymaking. For example, guidance materials to support the development and operations of community level governance mechanisms or shared decision-making tables; - Collaborative Solutions - enabling and convening expertise and experience to identify possible solutions to shared challenges and incubate concepts through partnerships and wrap-around support. This could include, for example, supporting communities to convene relevant stakeholders and partners to enable the design and implementation of innovative solutions that may have local and national relevance and impacts; and
- Strengthen Data – providing a range of practical supports to place-based initiatives to enable them to effectively access and utilise the data they need to help them leverage data effectively for evidence-driven decision making. This could include developing and providing tools, frameworks and access to shared data platforms to support local monitoring and evaluation, resulting in more effective local planning, greater accountability, and the ability to demonstrate impact.
For the purposes of creating better outcomes for children, their families and communities, PLACE Ltd will support communities across Australia to build local partnerships and strengthen their place-based capabilities, through the following mechanisms:
- promoting the exchange of, developing and disseminating resources, tools, frameworks, training pathways and modules and best practice models relating to place-based initiatives;
- promoting and enabling strengthened data practices in place-based approaches, including generating an evidence base that validates the impact of place-based initiatives;
- building the skills and capabilities of the workforce to better develop and deliver
place-based initiatives; - supporting stakeholders to identify and seek collaborative resolutions to local challenges and to systemic challenges that have a significant or national impact;
- promoting the development of policy and funding approaches that support effective
place-based initiatives; - supporting the adoption of place-based initiatives, including the development and practice of shared decision-making; and
- providing the operational infrastructure, such as the establishment of IT systems, physical facilities, staffing and other associated costs required for PLACE Ltd to deliver on its purpose.
The grant funding to PLACE Ltd is intended to support and enable communities and their partners to realise better outcomes from place-based initiatives. Such initiatives may include:
- place-focused grant activities, where community may contribute to government decision making and help adapt programs and services to meet local needs. These activities can be shaped by ongoing consultation and guided by local design, delivery, and evaluation processes;
- place-based programs or activities that are designed around a community, with the community being an active participant in the design and implementation of solutions;
- place-based partnerships that involve formal collaboration between community and government, and can involve sharing power, governance, decisions, accountability and risks. Examples of such partnerships are illustrated in Stronger Places, Stronger People and Empowered Communities, where governments work collaboratively with community on shared objectives, goals or a shared vision;
- shared decision-making processes between governments, communities, and other stakeholders, particularly around where this is a shared vision and working together to achieve that vision. Collaborative approaches not only empower communities but can lead to more relevant and sustainable decisions by involving those most directly affected; and
- place-based solutions that are locally designed and led, often supported by shared decision-making processes and may be reinforced by partners or through flexible or adaptable funding options.
When referring to ‘place’, this is taken to have the meaning of the specific community or communities in a specific geographic location that a place-based initiative is supporting or operating within.
Funding to PLACE Ltd, as a national organisation, is intended to deliver practical and sustainable outcomes such as:
- greater capacity and capability of place-based initiatives to deliver meaningful local outcomes, including for example to improve health outcomes, school attendance and attainment, and employment and training outcomes;
- enabling and empowering communities to share decision-making with government on the issues that matter most to them, for example, through utilising the learnings from and expanding on existing joint decision-making practices;
- activating community to generate locally designed and delivered long-term solutions to local challenges, needs and aspirations. This may include through providing tools, resources and supports that help build local leadership, governance structures and community engagement mechanisms; and
- strengthening the success of partnerships amongst stakeholders in delivering outcomes through place-based approaches.
Funding amount and arrangements, merits review and consultation
Funding of $19.3 million for the grant was included in the 2024-25 Mid-Year Economic and Fiscal Outlook under the measure ‘Partnering with Communities for Change’ for a period of five years commencing in 2024-25. Details are set out in the Mid-Year Economic and Fiscal Outlook 2024-25, Appendix A: Policy Decisions taken since the 2024-25 Budget at pages 295-296.
Funding for the item comes from Program 2.1: Families and Communities, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2025–26 Budget Related Paper No.1.14, Social Services Portfolio at page 44.
PLACE Ltd was selected through a closed, non-competitive grant process. PLACE Ltd was the sole invited applicant in this process as the national centre established to build
place-based capabilities and collaboration in communities across Australia. The grant is being administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.
The closed, non-competitive grant opportunity was made available on the GrantConnect website (www.grants.gov.au) and the grant is being administered by the Community Grants Hub.
An SES Band 3 delegate of the Secretary of the department under the FFSP Act with relevant knowledge and experience of place-based approaches , was responsible for approving the Commonwealth funding provided to PLACE Ltd to deliver its objectives through the organisation’s four primary functions.
PLACE Ltd was announced as the successful applicant on the GrantConnect website (www.grants.gov.au). The grant agreement establishes an Annual Planning Process to develop a proposed program of work and key performance indicators for PLACE Ltd for each financial year. These documents will be developed by the PLACE Ltd Board, in consultation with the Community Council, for each forthcoming financial year.
The Community Council is a key advisory body representative of community and
place-based stakeholders established to advise the PLACE Ltd Board on community views and expectations.
An Activity and Evaluation Committee (the Committee) will consider and approve the programs of work and key performance indicators for each financial year. The Committee is comprised of representatives from each of the six funding partners, the Chairs of the PLACE Ltd Board and the Community Council, and the Chief Executive Officer, and expert advisors may be required from time to time.
Independent merits review of decisions made in connection to the grant is not considered appropriate because the decision relates to the provision of one-off grants to a certain service provider, over other service providers. In this instance, the decision relates to the provision of a one-off grant via a closed, non-competitive grant process to a not-for-profit organisation which has been specifically established to implement the objectives of PLACE Ltd.
In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.16 to 4.19 of the ARC guide).
PLACE Ltd was established following a national consultation and design process conducted in 2023. The process was conducted by the Foundation Partner, a consortium of three partner organisations engaged by the department via a grant process to explore the concept of a national centre for place-based change.
A diverse range of stakeholders with a stake or interest in place-based approaches were involved in the process, including: community representatives; people with lived experience; backbone teams; First Nations representatives; community organisations; non-government organisations; philanthropic foundations; peak bodies; service providers; Aboriginal Community-Controlled Organisations; place-based change practitioners and intermediaries; Commonwealth, state, territory and local government representatives; corporate sector organisations; and academics and researchers. Sector feedback from this consultation indicated gaps and barriers in place-based capabilities and the potential benefits of a national organisation to build place-based capabilities and drive place-based change in communities across the nation.
PLACE Ltd, as the new national centre for place-based change, was established as a result of the need identified for such an organisation by the sector during the consultation and design process. The agreed objectives of the PLACE organisation through its four primary interdependent functions are also modelled on the gaps and challenges identified by stakeholders and experts through the consultation and design process.
Constitutional considerations
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 trade and commerce power (section 51(i));
- the communications power (section 51(v));
- the census and statistics power (section 51(ix));
- the naturalization and aliens power (section 51(xix));
- the social welfare power (section 51(xxiiiA));
- the race power (section 51(xxvi));
- the immigration and emigration power (section 51(xxvii));
- the external affairs power (section 51(xxix));
- the power to grant financial assistance to States (section 96);
- the territories power (section 122); and
- the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect;
Trade and commerce power
Section 51(i) of the Constitution empowers the Parliament to make laws with respect to ‘trade and commerce with other countries, and among the states’.
Funding to PLACE Ltd will be used to support the development and implementation of place-based approaches for community and regional infrastructure programs. For example, Growing Regions Program which is an Australian Government initiative aimed at enhancing regional infrastructure and community development.
Communications power
Section 51(v) of the Constitution empowers the Parliament to make laws with respect to ‘postal, telegraphic, telephonic and other like services’.
Funding to PLACE Ltd will be used to develop resources, tools, frameworks, and best practice models relating to place-based approaches that are disseminated over the internet.
Census and statistics power
Section 51(xi) of the Constitution empowers the Parliament to make laws with respect to ‘census and statistics’.
Funding to the PLACE Ltd will be used to collect information for statistical purposes, and disseminate that compiled or analysed data, for the purposes of developing and implementing place‑based approaches. Funding will also be used to promote and enable strengthened data practices in place‑based initiatives.
Aliens power
Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to ‘naturalization and aliens’.
Funding to PLACE Ltd will be used to support, for example, building the skills and capabilities of the workforce involved in the delivery of place-based approaches which focus on supporting or providing benefits to non-citizens, such as recent migrant communities, refugees, or temporary visa holders.
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of various social welfare benefits including unemployment, pharmaceutical, sickness and hospital benefits, benefits to students, and medical and dental services (but not as to authorise any form of civil conscription).
Funding to PLACE Ltd will be used, for example, to support the development and implementation of place‑based approaches that advance social welfare through improving the delivery of health services in particular communities, providing benefits to school or higher education students, or assisting people who are unemployed to obtain and keep employment. It will also be used for operational infrastructure to support the delivery of these approaches.
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’.
Funding to the PLACE Ltd will be used to assist particular Aboriginal and Torres Strait Islander communities, or Aboriginal and Torres Strait Islander peoples more generally, to develop and implement place‑based approaches that improve social and economic outcomes in communities, including through the development and practice of shared decision-making.
Immigration and emigration power
Section 51(xxvii) empowers the Parliament to make laws with respect to ‘immigration and emigration’.
Funding to PLACE Ltd will be used to support, for example, place-based activities in the form of supporting stakeholders to identify and seek resolutions to challenges in immigrant communities, or between immigrant communities and other communities.
External affairs power
Section 51 (xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. Among other things, the external affairs power supports legislation implementing Australia’s international obligations under one or more treaties, including the following:
The external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.
Australia is a party to the following treaties of relevance:
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
- Convention on the Rights of Persons with Disabilities (CRPD)
- Convention on the Rights of the Child (CRC)
- International Covenant on Economic, Social and Cultural Rights (ICESCR).
CEDAW
Australia has international obligations relating to the elimination of all forms of discrimination against women under CEDAW. In particular, Articles 2, 3, 5, 6, 12 and 16 of the CEDAW.
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. This includes taking all appropriate legislative and policy measures to eliminate discrimination against women.
Article 3 of the CEDAW requires States Parties to take 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 take all appropriate measures to eliminate prejudices and all practices based upon ‘the idea of the inferiority or the superiority of either of the sexes’, 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 their children’.
Article 6 of the CEDAW requires States Parties to take all appropriate measures to supress the trafficking of women, and the exploitation of the prostitution of women.
Article 12 of the CEDAW requires States Parties to take all appropriate measures to eliminate discrimination against women within healthcare, including access to healthcare and family planning services.
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.
Funding to PLACE Ltd will be used to develop place-based approaches to reduce discrimination and ensure the equal treatment of women, including by developing place-based approaches to reduce domestic and family violence. These approaches will focus on issues affecting women at a local level, and systemic challenges involving the treatment of women that have a national impact.
CRPD
Australia has obligations in the CRPD to promote and protect the human rights and fundamental freedoms of all persons with disabilities and to promote respect for their inherent disability. In particular, Articles 4 and 27 of the CRPD.
Article 4 of the CRPD requires States Parties to take all appropriate measures to ensure and promote ‘the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.’ This includes States Parties undertake to adopt ‘appropriate legislative, administrative and other measures’ to this end.
Article 27 of the CRPD requires States Parties to take appropriate measures in relation to persons with disabilities to achieve the following:
- Article 27(1)(a) of the CRPD requires States Parties to prohibit discrimination in employment;
- Article 27(1)(b) of the CRPD requires States Parties to protect the rights of persons with disabilities, on an equal basis with others, to just and favourable working conditions, including equal opportunities and remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievance;
- Articles 27(1)(g)-(h) of the CRPD requires States Parties to employ persons with disabilities in the public sector and promote the employment of persons with disabilities in the private sector through policies and measures, which may include affirmative action programs, incentives and other measures.
Funding to PLACE Ltd will be used to support shared decision-making to develop
place-based solutions addressing the needs of people with disabilities, including by promoting access to employment opportunities.
CRC
Australia has obligations regarding the rights and wellbeing of children under the CRC. In particular, Articles 4, 6, 18, 19, 24, 27, 28, 29 and 30.
Article 4 of the CRC requires States Parties to undertake all appropriate legislative and administrative measures and other measures for the implementation of the rights under the CRC.
Article 6 of the CRC requires States Parties to recognise that every child has the inherent right to life and to ensure to the maximum extent possible the survival and development of the child.
Article 18 of the CRC requires States Parties to recognise the principle that both parents have common responsibilities regarding the upbringing and development of the child, and to render appropriate assistance to parents, including by providing childcare services.
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 violence, injury, abuse, neglect, maltreatment and exploitation, and to develop social programs for the support of the child in instances of child maltreatment.
Article 24 of the CRC requires States Parties to recognise the right of the child to ‘the enjoyment of highest attainable standard of health’ and to ensure access to healthcare and medical assistance, and to take steps to combat disease and malnutrition.
Article 27 of the CRC requires States Parties to recognise the right of the child to a ‘standard of living adequate for the child’s physical, mental, spiritual, moral and social development’, and to assist parents in implementing this right.
Article 28 of the CRC requires States Parties to recognise the right of the child to education, particularly by making primary education compulsory and free, creating accessible vocational and secondary education, making higher education accessible, and making educational and vocational information and guidance available and accessible to all children.
Article 29 of the CRC requires States Parties to agree that the education of children should develop their respective abilities, the respect for human rights, their parents, their cultural identity, and the environment, and prepare children for responsible life in a free society.
Article 30 of the CRC requires States Parties to not deny ethnic or linguistic minorities or Indigenous children the right to practice their culture and religion, and to use their own language, in their community.
Funding to PLACE Ltd will be used to help stakeholders identify challenges affecting children in their communities and develop solutions for these challenges. For example,
place-based measures will be developed to support families to look after their children, and assist children to access education and health services.
ICESCR
Australia has international obligations relating to the protection of economic, social and cultural rights under the ICESCR, in particular Articles 2, 6, 10 and 12.
Article 2 of the ICESCR requires States Parties to undertake steps to implement the rights recognised by the ICESCR by all appropriate means, including particularly the adoption of legislative measures.
Article 6 of the ICESCR requires States Parties to recognise the right to work and achieve the full realisation of this right by ‘providing technical and vocational guidance and training programmes, policies and techniques’ in order to achieve steady economic, social and cultural development and full and productive employment.
Article 10 of the ICESCR requires States Parties to accord the widest protection and assistance to the family, including ensuring that children are protected from economic and social exploitation.
Article 12 of the ICESCR requires States Parties to take steps to reduce child mortality and ensure the healthy development of children, prevent and control disease, and ensure medical attention in the event of sickness.
Funding to PLACE Ltd will be used to improve social and economic outcomes and welfare in communities by assisting communities to develop place-based solutions that, for example, support access to employment opportunities, encourage health interventions that prevent or control disease, or aim to improve infants’ and children’s development outcomes.
Other treaties
Table item 96 is intended to support any grants that both fall within the terms of the item and give effect to any other of Australia’s international obligations. Funding could be directed to activities, or activities for the delivery of Commonwealth programs, that give effect to Australia’s obligations under any other international agreements to which Australia is a party, even if the agreement is not expressly listed in the item.
Power to grant financial assistance to States
Section 96 of the Constitution allows the Commonwealth to ‘grant financial assistance to any state on such terms as the Parliament thinks fit’.
Funding to PLACE Ltd will be used, for example, to build the skills and capabilities of the workforce involved in delivering a place-based activity that is funded by way of a grant of financial assistance to a state.
Territories power
Section 122 of the Constitution allows the Commonwealth to ‘make laws for the government of any territory’.
Funding to PLACE Ltd will be used to support the development and implementation of place-based approaches in the NT and the Australian Capital Territory. In addition, funding to PLACE Ltd will be used to support the development and implementation of place-based activities through grants of financial assistance to a territory.
Executive power and express incidental power, including the nationhood aspect
The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. The executive power in section 61 of the Constitution extends to a range of matters, including:
- activities that form part of the ordinary and well-recognised functions of government, and
- activities that are peculiarly adapted to the government of the nation and cannot otherwise be carried out for the benefit of the nation.
Funding to PLACE Ltd will be used to conduct research, stakeholder consultation, evaluation, and policy development activities which will inform Commonwealth policy.
Funding to PLACE Ltd will also be used to develop place-based approaches for programs with a national focus that cannot otherwise be carried out for the benefit of the nation, if not by the Australian Government, such as supporting stakeholders to identify and seek collaborative resolutions to systemic challenges that have a national impact.
Other powers
Grants may be provided to PLACE Ltd for the purposes of, or in connection with, any Commonwealth program specified in an item in Part 4 of Schedule 1AB to the Principal Regulations. The third sentence of table item 96 seeks to ensure that this item is supported by any other legislative powers that support those other Commonwealth programs, even if they are not specifically listed in this item.
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 (Social Services 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.
The Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 1) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities administered by the Department of Social Services.
This disallowable legislative instrument makes the following amendments to Part 3 of Schedule 1AB:
- adds table item 95 ‘Grant to the Rev Bill Crews Foundation Ltd’; and
- adds table item 96 ‘Grant to Partnerships for Local Action and Community Empowerment Ltd’.
Table item 95 – Grant to the Rev Bill Crews Foundation Ltd
New table item 95 establishes legislative authority for the Government to provide a grant to the Rev Bill Crews Foundation Ltd (the Foundation).
Support for the Foundation was announced as an election commitment in Labor’s costed plan to Build Australia’s Future by the Prime Minister on 26 April 2025 to support the critical work of the Foundation in supporting vulnerable Australians.
Grant funding of $10.0 million over four years from 2025-26 to the Foundation will support vulnerable Australians experiencing financial hardship through the provision of financial crisis and recovery supports, including meals and food vouchers, specialist support for people experiencing family, domestic and sexual violence (FDSV), school-based literacy programs, and services to support individuals, children and families including play therapy, healthcare and coordination support. The holistic range of services will be delivered through the Foundation’s existing premises in Ashfield, Sydney, and the literacy programs will be delivered across New South Wales and the Northern Territory.
Human rights implications
Tabel item 95 engages the following rights:
- the rights of women not to be discriminated against based on gender – Article 3 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), read with Article 2;
- the rights of the child – Articles 13, 19, 23, 24 and 27 of the Convention on the Rights of the Child (CRC), read with Article 4;
- the right to health – Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2, Articles 12 and 24 of the CRC and Article 12 of the CEDAW.
Rights of women not to be discriminated against based on gender
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. This includes taking all appropriate legislative and policy measures to eliminate discrimination against women.
Article 3 of the CEDAW requires States Parties to take 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.
Funding to the Foundation will promote the elimination of discrimination against women by providing specialist support to female victim-survivors experiencing FDSV, noting that women are disproportionately impacted by FDSV.
Rights of the child
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 13 of the CRC provides that the child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.
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 23 of the CRC requires States Parties to recognise that a mentally or physically disabled child should enjoy a full and decent life, including the right of the disabled child to special care with such assistance being designed to ensure that the disabled child has effective access to and receives education, training, and healthcare services in a manner conducive to the child achieving the fullest possible social integration and individual development.
Article 24 of the CRC requires States Parties to recognise the right of the child to ‘the enjoyment of highest attainable standard of health’ and to ensure access to healthcare and medical assistance, and to take steps to combat disease and malnutrition.
Article 27 of the CRC requires States Parties to recognise the right of the child to a ‘standard of living adequate for the child’s physical, mental, spiritual, moral and social development’, and to assist parents in implementing this right.
The funding to the Foundation promotes the rights of the child through the delivery of services, including through:
- the Foundation’s literacy programs, which support children to fulfil their right to freedom of expression, including the right to seek, receive and impart information and ideas;
- the Foundation’s provision of specialist support for people experiencing FDSV, including their children, which supports childrens’ right to be protected from all forms of physical or mental violence, abuse, neglect, maltreatment or exploitation, including sexual abuse; and
- ensuring support for the Foundation’s medical clinic, which supports the right of the child to enjoy the highest standard of health and to not be deprived of access to healthcare services.
Right to health
Article 2 of the ICESCR requires States Parties to undertake steps with a view to achieving full realisation of the rights recognised by the ICESCR by all appropriate means.
Article 12 of the ICESCR relates to the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Article 12 of the CRC provides for the right of children to the enjoyment of the highest attainable standard of health.
Article 24 of the CRC recognises the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. It requires States Parties to strive to ensure that no child is deprived of his or her right of access to such healthcare services.
Article 12 of the CEDAW requires States Parties to take all appropriate measures to eliminate discrimination against women in healthcare, including providing appropriate services in connection with family planning, pregnancy and the post-natal period.
Funding to the Foundation will promote the right to health of those experiencing financial hardship through the provision of support for medical, dental and other health services. This includes such services for women and children in communities.
Table item 95 is compatible with human rights because it promotes the protection of human rights.
Table item 96 – Grant to Partnerships for Local Action and Community Empowerment Ltd
New table item 96 establishes legislative authority for the government to provide a grant to Partnerships for Local Action and Community Empowerment Ltd (PLACE Ltd).
The Commonwealth will provide $19.3 million to PLACE Ltd to support the five-year operations of the organisation as an independent national centre for place-based change. PLACE Ltd is a not-for-profit organisation legally established in September 2024 for this purpose.
The establishment of PLACE Ltd is a joint initiative of the Government and five philanthropic foundations including the Minderoo Foundation, the Paul Ramsay Foundation, the Bryan Foundation, Dusseldorp Forum and the Ian Potter Foundation.
Activities delivered under the grant will enhance the implementation and impact of place-based approaches, including through strengthening the capacity of communities to design and deliver these approaches and work in partnership with government. The activities will also support the development of place-based approaches within Commonwealth programs. These place-based approaches are designed to address social and economic challenges in communities.
Human rights implications
Table item 96 engages the following rights:
- the right to an adequate standard of living – Article 11 of the ICESCR, read with Article 2 and Article 27 of the CRC, read with Article 4;
- the right to education – Article 13 of the ICESCR;
- the right of everyone to work – Article 6 of the ICESCR;
- the right of children to life, survival and development – Article 6 of the CRC; and
- the right to health – Article 12 of the ICESCR, Articles 12 and 24 of the CRC, and Article 12 of the CEDAW, read with Article 2.
Right to an adequate standard of living
Article 2 of the ICESCR requires that each State Party undertake to take steps to the maximum of its available resources to realise the rights recognised, particularly through legislative measures.
Article 11 of the ICESCR recognises the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. It also recognises the fundamental right of everyone to be free from hunger, and provides that States take, individually and through international co-operation, measures necessary to achieve this, including through, making full use of technical and scientific knowledge and by taking into account the problems of both food-importing and food-exporting countries.
Article 4 of the CRC requires States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention.
Article 27 of the CRC recognises the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. It also requires States Parties to take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programs, particularly with regard to nutrition, clothing and housing.
The funding to PLACE Ltd promotes the right to an adequate standard of living as the purpose of the grant is to build capabilities in place-based approaches that are directed towards improving wellbeing in families and communities and disrupting cycles of entrenched disadvantage. Offering tailored support for place-based work enables the standard of living to be improved for families and communities experiencing entrenched disadvantage through the increased adoption and impact of place-based approaches.
Right to education
Article 13 of the ICESCR provides that States Parties recognise the right of everyone to education. States Parties agree that education shall be directed to the full development of the human personality and the sense of its dignity and shall strengthen the respect for human rights and fundamental freedoms.
The funding to PLACE Ltd promotes the right to education through building the capabilities of place-based programs and initiatives that are directed towards improving educational outcomes and supporting career training and development. This role also includes delivering educational and training opportunities to build the capabilities of the place-based workforce to effectively deliver place-based work in communities.
Right of everyone to work
Article 6 of the ICESCR provides that States Parties recognise the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts and will take appropriate steps to safeguard this right.
The funding to PLACE Ltd promotes the right to work as the purpose of the funding to PLACE Ltd includes supporting place-based programs and initiatives that are directed towards encouraging activities that promote workforce participation and career development, including wraparound support. This role also extends to the development of a place-based workforce.
Right to life, survival and development of children
Article 6 of the CRC provides that States Parties recognise that every child has the inherent right to life. Further, it requires States Parties to ensure to the maximum extent possible the survival and development of the child.
The funding to PLACE Ltd promotes the right to life, survival and development as the purpose of the grant is directed towards supporting place-based programs and initiatives whose purpose is to improve outcomes for children and families. This includes a
cradle-to-career life course approach that aims to ensure that children have the opportunity to develop and ideally thrive at all key life stages, and that families are equipped to support children’s development.
Right to health
Article 12 of the ICESCR relates to the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Article 12 of the CRC provides for the right of children to the enjoyment of the highest attainable standard of health.
Article 24 of the CRC provides for the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
Article 2 of the CEDAW requires States Parties to adopt appropriate means, including legislative measures, to eliminate discrimination against women.
Article 12 of the CEDAW requires States Parties to take all appropriate measures to eliminate discrimination against women in healthcare, including providing appropriate services in connection with family planning, pregnancy and the post-natal period.
The funding to PLACE Ltd promotes the right to health, as the purpose of the funding is to support the adoption and impact of place-based approaches that promote improved health outcomes, including for women and children in communities.
Table item 96 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