Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Indigenous Australians

Industry Research and Development Act 1986

Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024

Purpose and Operation

Section 33 of the Industry Research and Development Act 1986 (the 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 Minister for Industry and Science has delegated the Minister’s power under subsection 33(1) to the Minister responsible for administering the Aboriginal and Torres Strait Islander Act 2005, under subsection 33(6) of the Act to prescribe the Community Jobs and Business Fund (CJBF) component of the Remote Jobs and Economic Development (RJED) Program (the RJED Program). This is currently the Minister for Indigenous Australians.

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 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 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 (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024 (the Legislative Instrument) is to prescribe the RJED CJBF.

The RJED Program is part of the Government’s 2022 election commitment to replace the Community Development Program (CDP) with a new program with real jobs, proper wages and decent conditions, developed in partnership with First Nations people. The Government’s election commitment to First Nations peoples is available at https://parlinfo.aph.gov.au
/parlInfo/search/display/display.w3p; query=Id%3A%22library/partypol/8638543%22.

The CDP commenced in 2015 to help jobseekers living in remote Australia, prepare for work through offering a pathway to learn and build skills, to increase their experience and work-readiness through flexible work-like activities and placements in real work settings. The CDP is a pre-employment service operating in thin labour markets in remote Australia where there is an insufficient supply of jobs to meet demand. This means not everyone on the CDP caseload who would like a job is able to access a job and instead must rely on income support. The CDP is being replaced because in most cases, it has not been able to overcome the high rates of unemployment and welfare reliance in remote Australian communities. This is because employment services cannot singlehandedly resolve thin labour market conditions. With no changes to thin remote labour markets not everyone who would like a job is able to access one and instead must continue to rely on income support. An insufficient supply of jobs to meet demand is an ongoing problem in remote areas. Thin labour markets are unlikely to naturally resolve themselves without significant government intervention.

The RJED Program was announced by the Prime Minister, the Hon Anthony Albanese on 13 February 2024 as part of the Closing the Gap Implementation Plan. Details of the announcement are available at:

• https://www.indigenous.gov.au/news-and-media/announcements/commonwealth-closing-gap-2023-annual-report-and-2024-implementation
• https://www.indigenous.gov.au/news-and-media/announcements/new-remote-jobs-and-economic-development-program

The objective of the RJED Program is to support eligible people to move off income support and into paid employment. Eligible people include: remote employment services participants; job seekers eligible for remote employment services; people aged 15-24 and located in remote employment services regions; and participants in the New Jobs Program Trial or CDP Trials, and able to meet the required qualifications to support their placement in a job.

The design of the RJED Program has incorporated feedback through stakeholder and community consultations undertaken in 2023 and 2024, advice from the First Nations Reference Group and learnings and evidence from the New Jobs Program Trial, CDP trials and other relevant employment based programs delivered by the Commonwealth.

The RJED Program provides $707 million in funding over five years from 2023-24 for two

elements:

• job creation component – the creation of 3,000 jobs, with proper wages, leave entitlements and superannuation in remote employment services regions; and
• a CJBF component – for capital, equipment, employee support and capacity building services for eligible organisations to complement wages for the 3,000 jobs so those employed in a job funded under the RJED Program have the resources needed to do their job.

The Legislative Instrument will support expenditure under the CJBF component only.

The funding for the RJED Program has been secured through the National Indigenous Australians Agency’s (the NIAA) 2024-25 Budget under the measure ‘Remote Jobs and Economic Development Program’. The RJED Program provides up to $707.6 million in funding over a period of 5 years commencing in 2023-24 as part of the Australian Government’s 2022 election commitment to establish the Program with real jobs, proper wages and decent conditions to replace the CDP. Details are set out in Budget 2024-25, Budget Measures, Budget Paper No. 2 2024-25 at pages 162-163. The total funding of $777.4 million for the measure includes all costs associated with transitioning to the RJED Program including expansion of the New Jobs Program Trial and extending the CDP until 30 June 2025. Funding of up to $185 million has been allocated to the CJBF over five years from 2024-25 for capital, equipment, employee support and capacity building services for eligible organisations.

The purpose of the RJED Program is to support people in remote Australia move off income support into genuine paid employment with proper wages and decent conditions. The Job Creation component of the RJED Program is designed to fund the creation of jobs in remote Australia, by making available grants to eligible organisations for the purposes of employing eligible people to support more people on income support in remote Australia to move into paid employment. The grants will cover employee wages, other salary expenses and/or allowances, superannuation, and leave entitlements.

Eligible community organisations who apply for funding for the Job Creation component will be able to apply for funding from the complimentary CJBF component as part of the same grant opportunity. The purpose of the CJBF is to provide funding to eligible organisations to purchase capital, equipment, material, employee support and capacity building services to absorb the additional costs required to employ local people into the jobs prioritised by communities. The CJBF component complements the Job Creation component so those employed in a job funded under the RJED Program (RJED employees) have the resources needed to do their job. Eligible organisations who receive funding for job creation will work with the local Remote Employment Services (RES) providers to find the right people from community to do these jobs.

Organisations eligible for funding under the RJED Program must be operating or intend to operate in a RES region, amongst other things, and be one of the following entity types:

• an Aboriginal and/or Torres Strait Islander Corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act);
• a company incorporated in Australia under the Corporations Act 2001;
• an incorporated trustee on behalf of a trust;
• an incorporated association or an incorporated cooperative (incorporated under state/territory legislation, commonly have 'Association' or 'Incorporated' or 'Inc' in their legal name);
• a partnership;
• a joint venture (consortia) application with a lead organisation that satisfies the entity type;
• a registered charity or not-for-profit organisation;
• an Australian local government body, including Regional Councils and Local Aboriginal Councils;
• a Corporate Commonwealth entity or Commonwealth Company established under the Prime Minister and Cabinet Portfolio, which can demonstrate strong alignment with RJED objectives and engages in place-based service delivery in an RES region(s); and
• an individual or sole trader seeking to employ another individual (i.e. the individual may not apply for a job for themself).

Persons eligible for the Job Creation component are located in RES regions, regions characterised by a weak labour market and low economic activity. Government intervention is required in RES regions to stimulate employment. The funding under the CJBF is linked to the new jobs funded under the Job Creation component as it is aimed at supporting eligible people to overcome the difficulties in finding lasting employment in RES regions. The CJBF provides funding to eligible organisations to engage in activities that bring about paid jobs for eligible persons.

Eligible expenditure includes equipment, capacity building and infrastructure which clearly and directly supports jobs being created under the Job Creation component. Eligible expenditure activities include, but are not limited to:

• Minor refurbishment or modification to existing facilities for the benefit of RJED employees
• Lease or purchase of equipment and materials needed by RJED employees to do their jobs
• Materials and consumables to support RJED employees entering and staying in employment
• Capacity and capability building for organisations to support RJED employees
• On costs and overheads
• Employee programs and services designed to reduce barriers to entering and staying in employment.

Eligible recipients must demonstrate that the CJBF funding is directly linked to the employment positions applied for under the Job Creation component. For example, funding cannot be used for developing broader organisational capability that is not linked to RJED funding employment positions.

Funding under the CJBF is proportionate to the number of jobs applied for under the Job Creation component at the discretion of the decision maker. In addition, the decision maker will make the final decision on what is eligible expenditure and may decide that not all the proposed expenditure in an application is eligible for CJBF funding.

The RJED Program will provide greater flexibility to communities to determine local programs and services that support economic development in their community or region. Funding through the CJBF needs to have a clear and direct link to supporting those employed in jobs through the Program, to have the resources to do their job.

The intended outcomes of the RJED Program are:

• 3,000 jobs successfully taken up in RES regions;
• delivering more services in RES regions;
• creating more jobs offering fair pay and conditions;
• improving employment and engagement outcomes for RJED Program employees and communities;
• increasing socio-economic and wellbeing outcomes through the take up of more jobs offering fair pay and conditions for RJED Program employees, their families and communities;
• increasing the number of formal employment relationships and flow-on effects of direct jobs in community and local business sectors, who will become ‘employers of choice’ for local job seekers; and
• to the extent that RJED Program jobs are filled by First Nations people, contributing to the Closing the Gap Priority Reforms and targets.

The RJED Program contributes to the Closing the Gap Priority Reforms and targets, to the extent that the Program creates new jobs for First Nations people. To this end, the Program supports Closing the Gap Target 7: increasing the portion of Aboriginal and Torres Strait Islander youth (15 to 24 years) who are in employment, education or training to 67 per cent; Target 8: increasing the portion of Aboriginal and Torres Strait Islander people aged 25 to 64 who are employed to 62 per cent; Priority Reform 1: Formal Partnerships and shared decision making; Priority Reform 2: Building the community controlled sector; Priority Reform 3: Transforming the Community Controlled Sector; and, Priority Reform 4: Shared Access to Data and Information at a Regional Level.

Funding amount and arrangements, merits review and consultation

Funding of $185 million for the CJBF component of the RJED Program was included in the 2024-25 Budget under the measure ‘Remote Jobs and Economic Development Program’ for a period of five years commencing in 2023-24. Details are set out in Budget 2024-25, Budget Measures, Budget Paper No. 2 at pages 162-163.

Funding authorised by this Legislative Instrument comes from Program 1.1: Jobs, Land and the Economy, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2024-25, Budget Related Paper No. 1.13, Prime Minister and Cabinet portfolio (National Indigenous Australians Agency), at page 204.

Funding will be provided to eligible organisations through open competitive grants. The Program is administered by the NIAA in accordance with the requirements of the Commonwealth resource management framework, including Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grant Rules and Guidelines 2017 (https://www.finance.gov.au/sites/default/files/2019-11/commonwealth-grants-rules-and-guidelines.pdf).

Information about the grant opportunity will be available on the GrantConnect website (www.grants.gov.au). Spending decisions will be made by the Minister for Indigenous Australians or the Program Delegate, against the RJED Program Grant Opportunity Guidelines. The delegate of the Minister for Indigenous Australians will be an SES Band 1 or above level of the NIAA who will be responsible for approving Commonwealth funding provided to grant recipients under the RJED Program. The relevant delegate will have experience in program management responsibility to ensure the proper administration of the RJED Program.

Officials within the NIAA will be responsible for administering the assessment and selection process. A panel of the NIAA staff will assess each application before recommending them to the delegate, to determine which grant applications should be awarded a grant.

The recommendation will be based on the merits of the application including consideration of the assessment, risk and value with relevant money; priority areas of need; how a proposal compares to other proposals and availability of funding.

Decisions made in connection with the grant opportunity for the RJED Program are not considered appropriate for merits review because these decisions relate to the provision of a one-off grant to certain service providers, over other service providers. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.16 to 4.17 of the ARC guide).

The review and audit process undertaken by the ANAO also 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.

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Individual persons affected by grant decisions also have recourse to the Commonwealth Ombudsman where appropriate.

Statement of the Relevance and Operation of Constitutional Heads of Power

The Legislative Instrument specifies the following legislative powers in respect of which the Instrument is made:

• the corporations power (paragraph 51(xx) of the Constitution)
• the external affairs power (paragraph 51(xxix) of the Constitution).

Corporations power

Paragraph 51(xx) of the Constitution empowers the Parliament to make laws with respect to ‘foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth’ (together, constitutional corporations).

In Williams v Commonwealth (2014) 252 CLR 416 (Williams No 2), the High Court, considering section 32B of the Financial Management and Accountability Act 1997 (the FMA Act), held (at [50]) that:

A law which gives the Commonwealth the authority to make an agreement or payment of that kind is not a law with respect to trading or financial corporations. The law makes no provision regulating or permitting any act by or on behalf of any corporation.

However, the relevant provisions of the Act are substantially different to the provisions considered by the High Court in Williams No 2. Section 34 of the Act corresponds to section 32B of the FMA Act considered by the High Court in Williams No 2. However, the FMA Act contained no provision in terms equivalent to those of section 35 of the Act. Subsection 35(2) of the Act limits the arrangements made under section 34 so that, where a party to an arrangement made under section 34 is a constitutional corporation, the arrangement must be subject to a written agreement containing terms and conditions under which money is payable by the Commonwealth. The corporation must comply with the terms and conditions. The activities of the corporation are therefore regulated through the terms and conditions made under each agreement pursuant to subsection 35(2) of the Act.

Further, subsection 35(3) of the Act provides that the agreement must provide for circumstances in which the corporation must repay amounts to the Commonwealth.

Constitutional corporations may be eligible to receive benefits under the Program prescribed by the Legislative Instrument, in the additional operation of the Program as set out in ss 7 and 8. Where the Legislative Instrument has this additional operation, the benefits conferred by the Program will be directed to assisting those corporations in the conduct of their ordinary activities. The Program will impose terms and conditions on those corporations under an agreement in accordance with section 35 of the Act, in relation to receipt of benefits under the Program. The terms and conditions will set out what the funding may be used for, and the circumstances in which it must be repaid.

External affairs power

Paragraph 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. This includes power to enact legislation implementing Australia’s international obligations under treaties to which it is a party.

The Legislative Instrument identifies Australia’s obligations under the following treaties as relevant to the Program:

• International Labour Organization’s Convention concerning Employment Policy (ILO Convention 122),
• the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142), and
• the International Covenant on Economic, Social and Cultural Rights (ICESCR).

ILO Convention 122

Article 1(1) of the ILO Convention 122 requires Members to ‘declare and pursue ... an active policy designed to promote full, productive and freely chosen employment.’ Article 1(2) specifies that this policy shall aim to ensure that (among other things) ‘there is work for all who are available for and seeking work’. Article 2 further requires Members ‘decide on and keep under review ... the measures to be adopted for attaining the objectives specified in Article 1’, and to ‘take such steps as may be needed ... for the application of these measures’.

The Program will support funding for activities the purpose of which is to bring paid jobs into existence for persons who frequently have difficulties in finding lasting employment and live in a region characterised by a weak labour market and low economic activity. 

ILO Convention 142 and ICESCR

Article 1(1) of ILO Convention 142 obliges Members to ‘adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment’. Article 1(2) requires the policies and programmes adopted for the purposes of Article 1(1) to take due account of matters including ‘employment needs, opportunities and problems, both regional and national’ (Article 1(2)(a)).

Article 2 of ILO Convention 142 obliges each Member to ‘establish and develop open, flexible and complementary systems of general, technical and vocational education, educational and vocational guidance and vocational training, whether these activities take place within the system of formal education or outside it’.

Article 3(1) of ILO Convention 142 requires States to ‘gradually extend its system of vocational guidance’. Article 3(2) requires such information and guidance to cover a range of matters, and Art 3(3) requires it to be ‘supplemented by information on general aspects of collective agreements and of the rights and obligations of all concerned under labour law’.

Article 4 of ILO Convention 142 obliges each Member party to ‘gradually extend, adapt and harmonise its vocational training systems to meet the needs for vocational training throughout the 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’.

Under Article 2 of ICESCR, each State party ‘undertakes to take steps … with a view to achieving progressively the full realization of the rights recognized in ICESCR’. Article 6(1) of ICESCR recognizes the ‘right to work’, and Art 6(2) states that the ‘steps to be taken by a State Party … to achieve the full realization of this right shall include technical and vocational guidance and training programs’.

The program will support funding for activities to deliver technical and vocational education and training, and workplace education and training, to RJED employees.

Further details on the Legislative Instrument are set out in Attachment A.

Authority

Section 33 of the Act provides authority for the Legislative Instrument.

Consultation

Consultation on the new program coming to remote Australia has been occurring with local communities since August 2022 with a Roundtable led by the then Minister for Indigenous Australians, the Hon. Linda Burney, ahead of the National Jobs and Skills Summit.

In the first half of 2023, the NIAA conducted a Phase 1 consultation process (a ‘listen and learn’ consultation), with remote communities on the Government’s commitment to replace the CDP. This provided communities and stakeholders, those most affected by the change, an opportunity to speak to the NIAA directly about ways to design and deliver a program to replace CDP. During this round of consultations, feedback was received from over 2,250 people, NIAA visited over 100 CDP remote communities and received 210 anonymous survey responses, and 50 ‘Have Your Say’ web forms from the general public.

Key messages heard in community consultations were that a new program should: be planned and led by communities; recognise roles carried out in communities; take a new approach to youth; support local jobs for local people; invest in local priorities; be flexible; and assist people unable to work right now.

Further consultation was undertaken in December 2023 with key stakeholders including peak bodies, community organisations and employment agencies. A First Nations Reference Group (FNRG) was also established and commenced meetings in March 2024 to provide advice to Government on the detailed design and implementation of the RJED Program and on the consultation and engagement process for remote communities. Members of the FNRG include economic development experts from across remote Australia and representatives from a range of First Nations organisations.

A second round of community consultations was conducted from April to July 2024 to check back with communities on the feedback heard in the first phase and to test design principles of the RJED Program. During this consultation process we heard from 3,100 people, engaged with around 200 remote communities, held eight national and regional roundtables, received over 80 survey and submission responses, and consulted across Government and with other stakeholders. A discussion paper was developed on the proposed design of the RJED Program, which was supported by an online survey where stakeholders could provide submissions in response to the discussion paper. In early July 2024, a draft of the Grant Opportunity Guidelines was made publicly available on the NIAA website. 

In accordance with section 17 of the Legislation Act 2003, the Attorney-General’s Department and the Department of Industry, Science and Resources have been consulted on this Legislative Instrument.

Regulatory Impact

It is estimated that the regulatory burden is likely to be minor (the Office of Impact Analysis reference number OBPR22-02237).

Other

The Legislative Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

ATTACHMENT A

Details of the Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024

Section 1 – Name

1.       This section specifies the name of the Legislative Instrument as the Industry Research and Development (Remote Jobs and Economic Development Program – Community Jobs and Business Fund) Instrument 2024 (the Legislative Instrument).

Section 2 – Commencement

1.       This section provides that the Legislative Instrument commences on the day after registration on the Federal Register of Legislation. 

Section 3 – Authority

1.       This section specifies the provision of the Industry Research and Development Act 1986 (the Act) under which the Legislative Instrument is made.

Section 4 – Definitions

1.       This section provides for definitions of terms used in the Legislative Instrument.

Section 5 – Prescribed Program

1.       This section prescribes the Remote Jobs and Economic Development Program – Community Jobs and Business Fund (the Program) for the purposes of subsection 33(1) of the Act.

1.       The Program provides funding in the form of grants to recipients of funding under the Remote Jobs and Economic Development (RJED) Program to engage in activities that bring paid jobs for eligible persons into existence, and deliver technical and vocational education and training, and workplace education and training to RJED employees.

1.       The purpose of the Program is to bring paid jobs into existence for persons who live in specific regions of Australia characterised by a weak labour market and low economic activity, and that have difficulty finding lasting employment by providing funding to RJED recipients to engage in activities that build capacity to make and sustain new jobs including:
   1.    Building, developing or improving facilities;
   2.    Leasing, purchasing or otherwise obtaining capital items or equipment;
   3.    Operating a business or undertaking that exists independently of the program;
   4.    Developing organisational capacity or capability;
   5.    Delivering programs or services that reduce barriers to employment.

Section 6 – Specified Legislative Power

1.       This section specifies that, for the purposes of subsection 33(3) of the Act, the legislative power in respect of which the Legislative Instrument is made is the power of the Parliament to make laws with respect to:
   1.    external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under the International Labour Organization’s Convention concerning Employment Policy, particularly Articles 1 and 2;
   2.    external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under one or more of the following:
      1.             the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 6;
      2.             the International Labour Organizations’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources, particularly Articles 1, 2, 3 and 4.
   3.    foreign corporations and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution).

Section 7 – Additional Operation

1.       This section does not limit the effect of the Legislative Instrument apart from this section.

1.   This section gives the Legislative Instrument an additional application to have the effect it would have if a reference to an RJED recipient were expressly confined to an RJED recipient that is a constitutional corporation.

Section 8 – Eligibility criteria relating to the program

1.   This section specifies that for the purpose of subsection 34(4) of the IR&D Act, the eligibility relating to the additional operation in section 7 includes the requirement that applicants must be a constitutional corporation.

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 (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024

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

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 relating to expenditure of Commonwealth money under relevant programs.

The statutory framework provided by section 33 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 under section 33 of the IR&D Act, subsection 34(1) allows the Commonwealth to make, vary and 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 Legislative Instrument is made under subsection 33(1) of the IR&D Act to establish legislative authority for government spending on activities to be administered by the National Indigenous Australians Agency, within the Prime Minister and Cabinet Portfolio.

Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024

The Legislative Instrument establishes legislative authority for government spending on the Remote Jobs and Economic Development (RJED) Program — Community Jobs and Business Fund (CJBF) component to provide funding for capital, equipment, employee support and capacity building services for eligible organisations to complement wages for the 3,000 new jobs created under the RJED Job Creation component, so those employed in a job funded under the RJED Program have the resources needed to do their job.

The RJED Program is part of the Government’s 2022 election commitment to replace the Community Development Program (CDP), with a new program with real jobs, proper wages and decent conditions, developed in partnership with First Nations people.

Eligible people include remote employment services participants; job seekers eligible for remote employment services; people aged 15-24 and located in remote employment services regions; and participants in the New Jobs Program Trial or CDP Trials, and able to meet the required qualifications to support their placement in a job.

The RJED Program provides $707 million in funding over five years from 2023-24 for two elements:

• the Job Creation component – the creation of 3,000 jobs, with proper wages, leave entitlements and superannuation in remote employment services regions; and
• the Community Jobs and Business Fund (CJBF) component.

The Legislative Instrument will support expenditure under the CJBF component only.

Human rights implications

The Legislative Instrument engages the following rights:

• the right to work and rights at work – Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 1 and Article 2 of the International Labour Organization’s Convention concerning Employment Policy (ILO Convention 122);
• the rights of equality and non-discrimination – Article 2 of the ICESCR, Articles 3, 16 and 26 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2, Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), read with Article 2 and Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD), read with Article 4; and
• the rights of Indigenous Peoples – Article 17 of the UNDRIP, that is to the extent that Indigenous people will benefit from the RJED Program.

Right to work and rights at work

Article 2(1) of the ICESCR requires that each State Party to the Covenant undertake to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognised in the Covenant by all appropriate means, including particularly the adoption of legislative measures.

Article 6(1) of the ICESCR requires that each State Party to the Covenant recognise the right of everyone to work, including the opportunity to gain their living by work which they freely choose or accept. Article 6(2) of the ICESCR further provides that the progressive realisation of the right to work by States includes implementing policies which facilitate full and productive employment.

Article 1 of the ILO Convention 122 provides that ‘each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment’. Article 2 of the ILO Convention 122 requires Australia to take such steps as may be needed for the application of measures adopted for attaining the objectives specified in Article 1.

The RJED Program positively engages with the right to work by supporting and promoting the provision of new jobs for job seekers in remote Australia, with a view to creating sustainable paid work in the open labour market where possible. The CJBF specifically encourages job creation in remote Australia by providing support to organisations to have the resources and to cover some or all of the costs associated with employing eligible employees in those jobs that have been created under the Job Creation component of the Program. This includes the equipment, operational costs and infrastructure needed to directly support employees to be able to do their job.

Article 7 of the ICESCR recognises the right of everyone to just, favourable and safe conditions of work, including fair wages, equal pay and conditions for women and men and periodic paid holidays.

The RJED Program positively engages with these rights by creating opportunities for remote job seekers to enjoy sustainable employment in paid jobs. The RJED Program is aimed at ensuring there is work for many who are available for and seeking freely chosen employment. The Program aims to create sustainable employment in regions with thin remote labour markets, and the CJBF provides organisations employing RJED recipients with the resources needed to support their employees to do their job and overcome difficulties in finding lasting employment.

Rights of equality and non-discrimination

Article 2(1) of the ICESCR requires that each State Party to the Covenant undertake to take certain steps, to progressively achieve the full realization of the rights in the Covenant.

Article 2(1) of the ICCPR requires that each State Party to the Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the 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 2(2) of the ICCPR requires that, where not already provided for by existing legislative or other measures, each State Party undertakes to take the necessary steps to adopt such laws or other measures as may be necessary to give effect to the rights recognised in the Covenant.

Article 3 of the ICCPR ensures the equal right of men and women to the enjoyment of all civil and political rights.

Article 16 of the ICCPR stipulates that everyone shall have the right to recognition everywhere as a person before the law.

Article 26 of the ICCPR provides that all persons are equal before the law and entitled to equal protection of the law without discrimination. It requires the law to prohibit any discrimination and guarantee all persons equal and effective protection against discrimination on any ground.

Article 2(1)(c) of the CERD requires each State Party to the Convention to take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists.

Article 5 of the CERD requires States Parties to prohibit and eliminate all racial discrimination in all forms and guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, in the enjoyment of rights. Article 5(d)-(e) includes the rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, and to just and favourable remuneration.

Article 4(1)(a) of the CRPD requires each State Party to the Convention to adopt all appropriate legislative, administrative and other measures for the implementation of the rights of persons with disabilities recognised in the Convention.

Article 5 of the CRPD requires States Parties to recognise all persons as equal under the law and entitled without discrimination to the equal protection and equal benefit of the law. Article 5(2) specifically prohibits all discrimination on the basis of disability and guarantees persons with disabilities equal and effective legal protection against discrimination. Article 5(3) requires States Parties to make reasonable accommodation to promote equality and eliminate discrimination and Article 5(4) provides that measures that are necessary to accelerate equality of persons without disabilities are not considered discrimination under the CRPD.

The RJED Program positively engages with the rights of equality and non-discrimination contained in the above Articles of the ICCPR, ICESCR, CERD and CRPD by providing opportunities for remote job seekers to enjoy employment. The application of the RJED Program in remote Australia is intended to address the inherent lack of employment opportunities and consequential disadvantage experienced in parts of remote Australia and elevate the situation of remote job seekers to a standard comparable to those living in
non-remote regions.

Rights of Indigenous peoples

The UNDRIP contains provisions relevant to the rights of Indigenous peoples to work and their rights in work and informs the way governments engage with and protect the rights of Indigenous peoples.

Article 17 of the UNDRIP recognises Indigenous individuals and peoples’ right to enjoy fully all rights established under applicable international and domestic labour law and to not be subject to any discriminatory conditions of labour, employment or salary.

To the extent that Indigenous people will benefit from the RJED Program, it positively engages with the UNDRIP by providing opportunities for Indigenous people to enjoy employment in jobs paid at the entry level award wage or minimum wage with conditions including paid leave, superannuation entitlements and other conditions of work under Australian employment law.

Conclusion

This Legislative Instrument is compatible with human rights because it promotes the protection of human rights.