Financial Framework (Supplementary Powers) Amendment (Veterans’ Affairs Measures No. 1) Regulation 2016

Administered by Department of Finance

Legislation au F2016L01577 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Veterans’ Affairs 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 the Government to fund a grant to the Australian Kookaburra Kids Foundation Incorporated to provide services to the children of current and former Australian Defence Force members who have been affected by mental illness. 

 

The grant, which was announced by the Minister for Veterans’ Affairs, the Hon Dan Tehan MP, on 3 May 2016, will be administered by the Department of Veterans’ Affairs.  Funding of $2.1 million over two years was included in the 2016‑17 Budget. 

 

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 Legislation Act 2003.  The Regulation commences 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 Veterans’ Affairs.

 

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 (Veterans’ Affairs Measures No. 1) Regulation 2016

 

Section 1 – Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Veterans’ Affairs 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 Legislation. 

 

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 – In the appropriate position in 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 to be administered by the Department of Veterans’ Affairs.

 

New table item 11 establishes legislative authority for the Government to provide a one-off, or ad hoc grant, to the Australian Kookaburra Kids Foundation Incorporated (Kookaburra Kids).

 

Under the 2016-17 Budget measure, Support Services for Children of Veterans, the Government committed to providing $2.1 million over two years from 2016-17 to Kookaburra Kids to provide services to the children of current and former Australian Defence Force (ADF) members who have been affected by mental illness.  Further details were announced on 3 May 2016 by the Minister for Veterans’ Affairs, the Hon Dan Tehan MP, in the media release ‘Delivering on mental health and enhanced support for veterans’.

 

Kookaburra Kids is a non-government organisation that runs recreational and educational camps, activities and events for eight to eighteen year olds who have a parent with a mental health condition.  It provides age appropriate mental health education focusing on developing coping skills and resilience, while also allowing children to bond with peers who are facing similar challenges.

 

Kookaburra Kids will use the funding to develop, deliver and evaluate a national support, respite and education program for the children of current and former ADF members who have been affected by mental illness.  The program will include activity days, weekend camps and family picnics being gradually rolled out on a state-by-state basis.

 

The funding will be provided through the provision of a one-off, or ad hoc grant, in accordance with the Commonwealth Grants Rules and Guidelines.

 

This is a one-off grant to be determined on an ad hoc basis, by the Minister for Veterans’ Affairs.

 

Funding will be provided in accordance with the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines.  Funding will be expended in accordance with a funding agreement entered into between the Department of Veterans’ Affairs and Kookaburra Kids.

 

The awarding of the grant to Kookaburra Kids will be published on the Department of Veterans’ Affairs website within fourteen days of the grant agreement taking effect.  This information will be able to be accessed at http://www.dva.gov.au/consultation-and-grants/grants/approved-grants-list.

 

Given the targeted, non-competitive nature of the funding to be provided to Kookaburra Kids, merits review is not applicable in the circumstances.

 

Funding for this activity will come from Program 2.5: Veterans’ Counselling and Other Health Services, which is part of Outcome 2: Maintain and enhance the physical wellbeing and quality of life of eligible persons and their dependants through health and other care services that promote early intervention, prevention and treatment, including advice and information about health service entitlements.  Details are set out in the Portfolio Budget Statements 2016-17, Budget Related Paper No. 1.4B, Defence Portfolio (Department of Veterans’ Affairs) at page 23.

 

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

 

 

 

 

 

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 (Veterans’ Affairs 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 a new item to Schedule 1AB to establish legislative authority for the Government to provide a one-off, or ad hoc grant, to the Australian Kookaburra Kids Foundation Incorporated to provide services to the children of current and former Australian Defence Force members who have been affected by mental illness. 

 

The grant, which was announced by the Minister for Veterans’ Affairs, the Hon Dan Tehan MP, on 3 May 2016, will be administered by the Department of Veterans’ Affairs.  Funding of $2.1 million over two years was included in the 2016‑17 Budget. 

 

The Minister for Veterans’ Affairs has portfolio responsibility for this program.

 

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

Overview

The Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulation 2016 amends the Financial Framework (Supplementary Powers) Regulations 1997 to provide legislative authority for a grant to the Australian Kookaburra Kids Foundation Incorporated. This grant aims to support children of current and former Australian Defence Force members affected by mental illness. The regulation, enacted by the Commonwealth under the Financial Framework (Supplementary Powers) Act 1997, enables the government to provide $2.1 million over two years to the Kookaburra Kids Foundation to develop, deliver, and evaluate a national support, respite, and education program. This initiative addresses the specific needs of children whose parents have been impacted by mental health issues, offering them age-appropriate mental health education and opportunities to build resilience and social connections with peers facing similar challenges. The regulation ensures the funding is managed in line with the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines, with the Department of Veterans' Affairs overseeing the administration of the grant. The regulation also includes a Statement of Compatibility with Human Rights, confirming that it does not engage any applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment was introduced to ensure that the Commonwealth has the necessary legislative authority to implement this targeted funding measure, which was announced by the Minister for Veterans' Affairs, the Hon Dan Tehan MP, on 3 May 2016.

Scope and Application

The Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulation 2016 amends the Financial Framework (Supplementary Powers) Regulations 1997 to provide legislative authority for the Commonwealth Government to provide a one-off, or ad hoc grant, to the Australian Kookaburra Kids Foundation Incorporated. The grant is intended to fund a program aimed at supporting the children of current and former Australian Defence Force members affected by mental illness. The amendment applies to the Commonwealth, specifically the Department of Veterans' Affairs, which is responsible for administering the grant. The grant, amounting to $2.1 million over two years, was included in the 2016-17 Budget and will be provided in accordance with the Commonwealth Grants Rules and Guidelines. The regulation applies to non-corporate Commonwealth entities and does not affect the private sector, thus no regulation impact statement was required. The regulation is compatible with human rights as it does not engage any of the applicable rights or freedoms. The amendment comes into effect on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The Financial Framework (Supplementary Powers) Amendment (Veterans’ Affairs Measures No. 1) Regulation 2016 amends the Financial Framework (Supplementary Powers) Regulations 1997 to include a new provision in Schedule 1AB (Section 32B of the Financial Framework (Supplementary Powers) Act 1997). This amendment establishes legislative authority for the government to provide a one-off, or ad hoc grant, to the Australian Kookaburra Kids Foundation Incorporated (Kookaburra Kids) for the purpose of delivering services to children of current and former Australian Defence Force members affected by mental illness. The grant is intended to fund the development, delivery, and evaluation of a national support, respite, and education program for these children, which will include activity days, weekend camps, and family picnics on a state-by-state basis. The funding of $2.1 million over two years is sourced from Program 2.5: Veterans’ Counselling and Other Health Services, which is part of Outcome 2: Maintain and enhance the physical wellbeing and quality of life of eligible persons and their dependants through health and other care services that promote early intervention, prevention, and treatment. The Act imposes specific obligations and requirements on the parties involved. The accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013, are subject to the provisions of the FF(SP) Act. The Department of Veterans’ Affairs is tasked with administering the grant in accordance with the Commonwealth Grants Rules and Guidelines and the Public Governance, Performance and Accountability Act 2013. The grant will be provided through a funding agreement between the Department of Veterans’ Affairs and Kookaburra Kids, with the awarding of the grant to be published on the Department of Veterans’ Affairs website within fourteen days of the grant agreement taking effect. In terms of potential consequences for breaches, the legislation does not explicitly detail offences, penalties, or civil/criminal consequences for breach of the provisions. However, any non-compliance with the Financial Framework (Supplementary Powers) Regulations 1997 or the Financial Framework (Supplementary Powers) Act 1997 could lead to legal consequences under the broader legislative framework in which these Acts operate. Such consequences may include administrative penalties, financial penalties, or other legal actions as stipulated by the overarching legislation. The Regulation is compatible with human rights, as outlined in the Statement of Compatibility with Human Rights, which indicates that the Regulation does not engage any of the applicable rights or freedoms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.