EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment, Workforce, Skills, Small and Family Business
Industry Research and Development Act 1986
Industry Research and Development (Ahead for Business Program) Instrument 2021
Section 33 of the Industry Research and Development Act 1986 (the Act) provides a mechanism for the Minister for Industry, Science and Technology to prescribe programs, by disallowable legislative instrument, in relation to industry, innovation, science or research, including in relation to the expenditure of Commonwealth money under such programs.
The Minister for Industry, Science and Technology has delegated the Minister’s power under subsection 33(1) to the Minister for Employment, Workforce, Skills, Small and Family Business, under subsection 33(6) of the Act to prescribe the Ahead for Business Program (the Program).
Spending decisions will be made by the Minister for Employment, Workforce, Skills, Small and Family Business.
The statutory framework provided by section 33 of the Act enables a level of flexibility to provide authority for Commonwealth spending activities in relation to industry, innovation, science and research programs. This allows the Government to respond quickly and appropriately to the need to implement innovative ideas and pilot programs on an ongoing basis and as opportunities arise. Prescribing programs in disallowable legislative instruments provides transparency and parliamentary oversight of Government programs and spending activities, whilst reducing the administrative burden on the Commonwealth.
Once a program is prescribed under section 33, subsection 34(1) allows the Commonwealth to make, vary or administer arrangements in relation to activities under the prescribed program. Arrangements may include contracts, funding agreements or other arrangements, and may provide for money to be payable by the Commonwealth to one or more third parties. The power conferred on the Commonwealth by subsection 34(1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate entity, or by their delegate (under section 36).
The purpose of the Industry Research and Development (Ahead for Business Program) Instrument 2021 (the Legislative Instrument) is to prescribe the Program. Funding for the Program has been secured in the 2021-22 Budget as part of the mental health and suicide prevention package and provides $0.9 million to support the Australian Government’s commitment to small business mental health. The aim of the Program is to support small business owners to take proactive, preventative and early steps to improve their mental wellbeing by continuing to develop and maintain the Ahead for Business digital hub for a further three years from 2021–22. This will include adding new content and promotional activities in various modes including in-person and online engagement with small business stakeholders, business related newsletters, newspapers and social media channels to ensure that the Program provides relevant support information and is reaching small business owners across Australia.
The Program contributes to the Australian Government’s mental health and suicide prevention reform agenda and responds to recommendation 7 of the Productivity Commission’s Mental Health Inquiry report.
The ad hoc grant will be provided to the Hunter New England Local Health District, trading as Everymind up to the amount of $0.373 million. The final funding amount will be dependent on an assessment of eligible expenses against the ad hoc grant Program Guidelines.
There are no conditions that need to be met before the power to prescribe programs can be exercised.
In accordance with section 17 of the Legislation Act 2003, the Attorney General’s Department and the Department have been consulted on this Legislative Instrument.
When the Ahead for Business initiative was being developed, policy responsibility for small business policy and programs were dealt with by the Department. In the course of preparing this Legislative Instrument, policy responsibility for small business policy and programs became the responsibility of the Treasury following a Machinery of Government Change in 2021. In the development of the initiative consultation has been undertaken by the Department with, the Attorney‑General’s Department, the Department of Finance, the Department of Infrastructure, Transport, Regional Development and Communications, the Digital Transformation Agency, the Department of Health, the National Indigenous Australian’s Agency, the Treasury, the Department of the Prime Minister and Cabinet, including the Office for Women and the Office of Best Practice Regulation.
Details of the Legislative Instrument are set out in Attachment A.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Legislative Instrument commenced on the day after registration on the Federal Register of Legislation.
The Office of Best Practice Regulation has advised this measure is non-regulatory with zero regulatory impact (OBPR reference number 43542). A statement of Compatibility with Human Rights is at Attachment B.
ATTACHMENT A
Details of the Industry Research and Development (Ahead for Business Program) Instrument 2021
Section 1 – Name of Instrument
This section specifies the name of the Legislative Instrument as the Industry Research and Development (Ahead for Business Program) Instrument 2021.
Section 2 – Commencement
This section provides that the Legislative Instrument commences on the day after registration on the Federal Register of Legislation.
Section 3 – Authority
This section specifies the provision of the Industry, Research and Development Act 1986 (the IR&D Act) under which the Legislative Instrument is made.
Section 4 – Definitions
This section includes definitions of terms used in the Legislative Instrument.
A copy of the International Covenant on Economic, Social and Cultural Rights is freely accessible in the Australian Treaties Series 1976 No. 5 [1976] ATS 5 in the Australian Treaties Library on the AustLII website (www.austlii.edu.au)
Section 5 – Prescribed Program
This section prescribes the Ahead for Business Program (the Program) for the purposes of section 33 of the IR&D Act.
The Program provides funding to maintain the digital hub services provided to small business owners by Everymind’s Ahead for Business and to promote and develop additional content for the digital hub.
Section 6 – Specified Legislative Power
This section specifies that the legislative powers in respect of which the Instrument is made are the powers of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution) and with respect to external affairs (s 51(xxix) of the Constitution) by implementing Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights.
Funding Arrangements
Funding will be available to the Hunter New England Local Health District, trading as Everymind, to undertake eligible projects. including:
- hosting costs associated with the digital hub;
- maintaining and monitoring all current digital hub features, including the mental health check-up, business stressor screen, personalised dashboard and moderation of the social forum;
- developing news items, alerts and articles, new information and promotions from the mental health sector and updated business information from government; and
- promoting Ahead for Business through social media and small business sector partnerships.
- The Program will not be subject to external merits review as funding decisions involve funds being provided on an ad hoc basis designed to ensure quick implementation and avoid any break in service delivery or staffing in transitioning from the Ahead for Business trial program to the continued delivery of the Program.
The grant agreement with the Hunter New England Local Health District will contain the conditions of the grant, key project deliverables and formal reporting mechanisms to measure performance, including the collection of qualitative and quantitative data to track progress against the deliverables.
Persons who are otherwise affected by decisions or who have complaints about the Program will also have recourse to the Department. The Department will investigate any complaints about the Program in accordance with its complaints policy and procedures. If a person is not satisfied with the way the Department handles the complaint, they may lodge a complaint with the Commonwealth Ombudsman.
External affairs power
The Legislative Instrument specifies that a legislative power in respect of which it is made is the external affairs power (section 51(xxix) of the Constitution). 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.
Australia has relevant obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Article 2(1) of ICESCR provides that Australia is obliged to ‘take steps … to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized’ in the ICESCR. The rights recognised in the ICESCR include the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as set out in article 12(1).
Article 12(2) of the ICESCR sets out a non-exhaustive list of ‘steps’ to be taken by States Parties to achieve the full realisation of the right to health. Those steps include:
- the prevention, treatment and control of epidemic, endemic, occupational and other diseases (article 12(2)(c));
- the creation of conditions which would assure to all medical service and medical attention in the event of sickness (article 12(2)(d)).
Funding provided under the Legislative Instrument will raise awareness of mental health and support preventative measures in respect of mental ill health.
Communications power
The Legislative Instrument also specifies that a legislative power in respect of which it is made is the communications power (section 51(v) of the Constitution). Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic, and other like services'.
In that regard, funding provided under the Legislative Instrument will support Everymind to:
- develop, maintain and deliver services over the Internet; and
- promote Ahead for Business on social media.
Funding authorised by this Legislative Instrument comes from Program 1.1, Outcome 1, as set out in the Portfolio Budget Statements 2021-22, Budget Related Paper No. 2, Treasury Portfolio (https://treasury.gov.au/sites/default/files/2021-05/pbs_2021-22_02_treasury.pdf) at page 44.
The Program will be administered by the Department of Industry, Science, Energy and Resources (the Department) on behalf of the Department of the Treasury. The decision-maker for the grant made under the Program will be the Minister for Employment, Workforce, Skills, Small and Family Business.
The Program is an ad hoc grant program. The Program is administered by the Department in accordance with the Commonwealth Grant Rules and Guidelines 2017 (http://www.finance.gov.au/sites/default/files/commonwealth-grants-rules-and-guidelines.pdf)
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Industry Research and Development (Ahead for Business Program) Instrument 2021
This 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
The Legislative Instrument prescribes the Ahead for Business Program (the Program) for the purposes of s 33(1) of the Industry Research and Development Act 1986. The purpose of the Program is to support small business owners to take proactive, preventative and early steps to improve their mental wellbeing by ensuring content provided through the Ahead for Business digital hub is maintained, relevant and kept up-to-date.
Human rights implications
This Legislative Instrument has a positive effect on the right to health. Right to health Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Right to health
The Program has been designed to improve awareness of mental health issues within small businesses and is targeted to the specific needs of small business owners. The Program encourages small business owners and business advisers to engage early with mental health support services and to integrate good mental wellness practices into their lifestyle.
The Program will also promote within small businesses the creation of safe and healthy working conditions. Through engagement with the Program, small business owners will benefit through the use of tailored business and mental health supports to meet their mental health needs.
Conclusion
This Legislative Instrument is compatible with human rights as it advances human rights.