EXPLANATORY STATEMENT
Issued by the authority of the Minister for Jobs and Innovation
Industry Research and Development Act 1986
Industry Research and Development (Girls in STEM Toolkit and Women in STEM Ambassador Program) Instrument 2018
Purpose and Operation
Section 33 of the Industry Research and Development Act 1986 (the IR&D Act) provides a mechanism for the Minister 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 statutory framework provided by s33 of the IR&D 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 legislative instruments provides transparency and parliamentary oversight of Government programs and spending activities, whilst reducing administrative burden on the Commonwealth.
Once a program is prescribed by the Minister under s33, s34(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 s36).
The purpose of the Industry Research and Development (Girls in STEM Toolkit and Women in STEM Ambassador Program) Instrument 2018 (the Instrument) is to prescribe the Girls in STEM Toolkit and Women in STEM Ambassador Program (the Program). The Program provides $3.58 million to increase female engagement and participation in science, technology, engineering and mathematics (STEM) disciplines. It will involve two parts. First, the Program provides funding for the development and dissemination of a toolkit comprising of education resources intended to engage and encourage school age girls into STEM study and careers. Second, the Program provides funding for a Women in STEM Ambassador, who will provide advice and advocate for women in STEM, and promote the many existing initiatives and activities operating around Australia supporting the participation of women in STEM.
Funding authorised by this instrument comes from Program 1: Supporting Science and Commercialisation, Outcome 1, as set out on page 38 in the Portfolio Budget Statements 2018-19, Budget Related Paper No 1.13A, Jobs and Innovation Portfolio (https://industry.gov.au/AboutUs/Budget/Documents/2018-19-Department-of-Industry-Innovation-and-Science-PBS.pdf).
Funding is available for:
- $580,000 (up to100% of eligible project costs) for the development and dissemination of a Girls in STEM toolkit for school-aged girls, comprising of STEM education activities and materials (including software and website development); and
- $3 million (up to 100% of eligible project costs) for a Women in STEM Ambassador.
Development of the Girls in STEM toolkit
The Girls in STEM toolkit element of the Program is administered by the Department of Industry, Innovation and Science’s (the Department) Business Grants Hub, which is a specialised program design, management and delivery body with extensive expertise and capability in delivering similar programs.
This element of 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).
The funding for the Girls in STEM toolkit component will be awarded through a restricted competitive process, with potential applicants identified following consultation with education stakeholders. Eligibility and merit criteria are outlined in the Program guidelines. For restricted competitive programs, guidelines are issued to invited applicants only.
Spending decisions will be made by the Department’s AusIndustry General Manager responsible for administering the Program, taking into account the recommendations of a departmental assessment committee that may seek advice from external experts.
Women in STEM Ambassadors
One Women in STEM Ambassador will be appointed for a two year period, after which another Women in STEM Ambassador will be appointed. The Women in STEM Ambassador will be nominated by the Minister. The Ambassador will either be engaged directly by the Department or will be hosted by an appropriate organisation selected through a closed, non-competitive process.
If the Ambassador is to be hosted by an organisation, applications to host the Women in STEM Ambassador must address eligibility criteria, and provide relevant supporting information, demonstrating ability to host, and support the activities of, the Women in STEM Ambassador. Eligibility is outlined in the Program guidelines. For one-off or ad hoc grants, guidelines are issued to invited applicants only.
Spending decisions will be made by the relevant Program Delegate.
The Program will not be subject to merits review as it involves the allocation of finite resources and supports the implementation of policy decisions made by government about the delivery of the Program.
Both successful and unsuccessful applicants under each element of the Program will be informed in writing. Unsuccessful applicants have an opportunity to discuss the outcome with the Department.
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.
The Legislative Instrument specifies that the Program spending is supported by the external affairs power (paragraph 51(xxix) of the Constitution), the communications power (paragraph 51(v) of the Constitution) and the territories power (section 122 of the Constitution).
The external affairs power (paragraph 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 obligations relating to the protection of women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Program seeks to address the issue of gender equity in STEM. The Program prescribed by the Instrument contributes to implementing Australia’s obligations under the following Articles of the CEDAW:
- Article 2, eliminating discrimination against women;
- Article 3, taking all appropriate measures to ensure the full development and advancement of women, including in the economic field;
- Article 10, ensuring women enjoy equal rights with men in the field of education; and
- Article 11, ensuring women enjoy equal rights with men in the field of employment.
The Program also contributes to implementing Australia’s obligations under the following Articles of the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources:
- Article 1, which obliges each State party to adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment;
- Article 2, which obliges each State party to establish and develop open, flexible and complementary systems of general, technical and vocational education, educational and vocational guidance and vocational training;
- Article 3, which obliges each State party to extend its systems of vocational guidance, with a view to ensuring that comprehensive information and the broadest possible guidance are available to all children, young persons and adults; and
- Article 4, which obliges each State party to extend, adapt and harmonise its vocational training systems to meet the needs for vocational training throughout life of both young persons and adults in all sectors of the economy and branches of economic activity and at all levels of skill and responsibility.
The Program also contributes to implementing Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 6. Articles 2 and 6 require State Parties to take steps necessary for the full realisation of ‘the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts’, and includes access to technical and vocational guidance and training programmes, policies and techniques to achieve the full realisation of this right.
Paragraph 51(v) of the Constitution empowers the Parliament to make laws with respect to ‘postal, telegraphic, telephonic and other like services’. Funding provided under the Legislative Instrument may support the preparation and dissemination of the Toolkit via an app or website.
Section 122 of the Constitution empowers the Parliament to ‘make laws for the government of any territory’. Funding provided under the Legislative Instrument may provide for Toolkit related information sessions held in a Territory.
Authority
Section 33 of the Industry Research and Development Act 1986 provides authority for the Instrument.
Consultation
In accordance with section 17 of the Legislation Act 2003, the Attorney-General’s Department has been consulted on this Legislative Instrument.
Regulatory Impact
The regulatory impact of the Program is expected to be low (OBPR reference number: 23057).
Details of the Industry Research and Development (Girls in STEM Toolkit and Women in STEM Ambassador Program) Instrument 2018
PART 1 – PRELIMINARY
Section 1 – Name of Instrument
This section specifies the name of the Legislative Instrument as the Industry Research and Development (Girls in STEM Toolkit and Women in STEM Ambassador Program) Instrument 2018.
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 sets out the provision of the Industry, Research and Development Act 1986 (the Act) under which the Legislative Instrument is made.
Section 4 – Definitions
This section provides for definitions of terms used in the Legislative Instrument.
Section 5 – Prescribed Program
This section prescribes the Girls in STEM Toolkit and Women in STEM Ambassador Program (the Program) for the purposes of section 33 of the Act.
The Program provides funding to increase female engagement and participation in science, technology, engineering and mathematics (STEM) disciplines. It will involve two parts. First, the Program provides funding for the development and dissemination of a toolkit comprising of education resources intended to engage and encourage school age girls into STEM study and careers. Second, the Program provides funding to host a Women in STEM Ambassador, who will provide advice and advocate for women in STEM, and promote the many existing initiatives and activities operating around Australia supporting the participation of women in STEM.
Section 6 – Specified legislative power
This section specifies that the legislative powers in respect of which the Legislative Instrument is made is the power of the Parliament to make laws with respect to external affairs (para 51(xxix) of the Constitution), postal, telegraphic, telephonic and other like services (para 51(v) of the Constitution), and the government of a Territory (section 122 of the Constitution).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Industry Research and Development (Girls in STEM Toolkit and Women in STEM Ambassador Program) Instrument 2018
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
This Legislative Instrument provides legislative authority to commit Commonwealth funds for the Girls in STEM Toolkit and Women in STEM Ambassador Program (the Program).
The Program provides $3.58 million to increase female engagement and participation in science, technology, engineering and mathematics (STEM) disciplines. It will involve two parts. First, the Program provides funding for the development and dissemination of a toolkit comprising of education resources intended to engage and encourage school age girls into STEM study and careers. Second, the Program provides funding to host a Women in STEM Ambassador, who will provide advice and advocate for women in STEM, and promote the many existing initiatives and activities operating around Australia supporting the participation of women in STEM.
Human rights implications
This Legislative Instrument engages the following rights:
- The right to work - article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), articles 1 to 4 of the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142), and article 11 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).
- The right to equality and non-discrimination - articles 2, 3 and 10 of the CEDAW.
The right to work
Article 6 of ICESCR recognises the right of every person to the opportunity to gain a living by work which they freely choose or accept and Article 11 of CEDAW provides for equality of men and women in employment, including the right to free choice of profession and employment. Articles 1 to 4 of ILO Convention 142 recognises the need for members to develop programs of vocational guidance and vocational training closely linked with employment. The program directly engages with women’s right to work, with a focus on women’s employment in STEM fields.
The Program provides funding for a Women in STEM Ambassador, who will provide advice on issues affecting girls and women in STEM. The Ambassador will be a visible role model, promoting female equality in both STEM education and employment. This will enable girls and women to understand they are able to choose a career in STEM if they wish to do so. The Program also provides funding for the development and dissemination of a toolkit providing vocational guidance for school age girls on careers in STEM fields. The toolkit will also help parents and educators understand the opportunities in STEM for girls, and appropriate ways to explain and discuss them. This will enable school age girls to properly understand STEM careers and pathways, giving them knowledge to make their own informed choice of profession and employment.
The Program promotes the right to work because it will increase the ability of girls’ and women to understand and take up economic opportunities in STEM employment. It will assist the Government to identify and address barriers limiting girls and women’s participation in STEM study and careers, increasing the opportunities of women and girls to gain skills, vocational training and employment in STEM fields.
The right to equality and non-discrimination
The CEDAW defines discrimination against women and sets an agenda for national action to end such discrimination. In its preamble, the CEDAW acknowledges that "extensive discrimination against women continues to exist", and emphasizes that such discrimination "violates the principles of equality of rights and respect for human dignity". As defined in article 1, discrimination is understood as "any distinction, exclusion or restriction made on the basis of sex...in the political, economic, social, cultural, civil or any other field".
Articles 2, 3, and 10 of the CEDAW describe specific elements of policy, education, and basic human rights and fundamental freedoms that state parties are required to take into account to ensure the right to equality for women. The Program directly engages the right to equality and non-discrimination in STEM study and careers for girls and women.
The primary focus of the Program, through the work of the Ambassador and development and dissemination of the toolkit, is improving gender equity in STEM. Girls and women are underrepresented in STEM study and careers, with the issues driving this disparity in participation complex and long-standing. Research from 2016 by Australia’s Chief Scientist shows that Australia loses female talent at every stage of the STEM pipeline. Gender bias and stereotyping begins in primary school, and by year 12 there are marked differences in participation. For example, boys outnumber girls 3 to 1 in year 12 physics. The Chief Scientist’s research also shows that women are underrepresented in many STEM fields at the university level, including IT, engineering, physics, maths and earth sciences. Only 16 per cent of university and vocational education and training graduates in STEM fields are women. Women make up over half the PhD graduates and early career researchers in some fields, but only 17 per cent of senior academics in Australian universities. The Australian Government’s Women’s Workforce Participation Strategy includes ‘jobs of the future’ as an action area, recognising the need for increased women’s participation in growth STEM industries.
For the reasons above, the Program will directly promote the right to equality and non-discrimination for girls and women in STEM education and careers.
Conclusion
This Legislative Instrument is compatible with human rights because it promotes women’s right to work and the right to equality and non-discrimination.
Senator the Hon Michaelia Cash MP
Minister for Jobs and Innovation