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