Details of the Financial Framework (Supplementary Powers) Amendment
(Home Affairs Measures No. 1) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2019.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after they are registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are 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 Schedule to the Regulations.

 

Schedule 1 - Amendments

 

Item 1 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB.

 

New table item 376 establishes legislative authority for government spending on the Community Languages Multicultural Grants Program (the Program), which will be administered by the Department of Home Affairs (the department).

 

The Program will help to implement the Government's multicultural statement, Multicultural Australia: United, Strong, Successful, while also investing in the future of Australia's workforce to successfully compete in an increasingly multilingual global market. Competency in the language, society and culture of other countries provides significant dividends for business and for Australia's wider regional and international engagements.

 

The Program will complement the Early Learning Languages Australia program, managed by the Department of Education and strengthen the relationship and funding support to Community Languages Australia.

 

The Program will support community language schools to help school-aged students learn and use another language and connect young Australians to the languages and cultures of their community. As Australia's population becomes increasingly diverse, community language schools play a role in helping to build strong communities, strengthen social cohesion and respect for Australia's many different cultures.

 

A quarter of children (0-19 years) speak a language other than English at home. Learning a second language can establish wider intercultural appreciation and cross-cultural awareness, and prevent intergenerational conflict amongst culturally and linguistically diverse communities. There are currently over 1,000 community language schools across Australia providing language programs in 69 different language to in excess of 100,000 school-aged children after school or on weekends.

 

The Program will consist of two categories of grants: capacity grants and project grants. These will provide two tiers of grant funding to successful applicants.

 

The capacity grants will support community language schools by providing funding to help cover operating costs such as teaching materials, staff wages and new educational equipment. The funding amount is based on the number of eligible students enrolled. Schools can apply for this grant after they have been in operation for more than 12 months. The capacity grant cannot be used for capital purposes such as buildings, repairs, maintenance or renovations.

 

The project grants will provide grants of up to $25,000 for eligible applicants to develop teaching materials or to run training activities to benefit community language schools. The project is intended to address the need for curriculum development so that multiple schools teaching the same language can benefit. Community language schools will be encouraged to partner with other organisations operating community languages schools to develop proposals that draw from the synergies.

 

The Program is expected to commence towards the end of the 2019-20 financial year.

 

The department will use a demand driven grant process for the capacity funding and an open and competitive grant process for the project funding in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs).

 

In accordance with the CGRGs, grant guidelines will be developed in collaboration with the Department of Education and the Department of Social Services Community Grant Hub. The grant guidelines will outline the objectives and outcomes of the government funding and the deliverables, including eligibility and sections processes. The grant guidelines will be made publicly available on GrantConnect (www.grants.gov.au), together with information on the grant. Successful applicants will be published on the GrantConnect website.

 

The department will be supported by the Community Grant Hub to administer and deliver the grant Program under a Memorandum of Understanding between the two entities.

 

The department will establish a Selection Advisory Panel to review and assess all project grant applications and make recommendations to the delegate for funding. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs will make the final decisions in all matters, including the approval of the grant, the funding amount to be awarded and the terms and conditions of the grant.

 

Grant decisions under the Program will involve the allocation of finite resources, and as such, are not suitable for independent merits review because an overturned decision may affect an allocation that has already been made to another party. Decisions will be made in accordance with the CGRGs and the PGPA Act. The review and audit process undertaken by the Australian National Audit Office also provides a mechanism to review Government spending decisions and report any concerns to Parliament. Judicial review may also be available under section 39B of the Judiciary Act 1903 and section 75(v) of the Australian Constitution.

 

In administering this grants Program, administrative accountability will be achieved by ensuring that:

*         the process of allocating funds is fair;

*         the criteria for funding are made clear; and

*         decisions are made objectively.

 

Funding of $12.6 million was included in the 2019-20 Budget under the measure 'Social Cohesion Package - community engagement initiatives', for a period of three years from 2019-20. Details are set out in Budget 2019-20, Budget Measures, Budget Paper No. 2 2019-20 at page 35.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations,
the objective of the item references 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.

 

Article 29(1)(a) of the Convention of the Rights of the Child provides that "States Parties agree that the education of the child shall be directed to the development of the child's personality, talents and mental and physical abilities to their fullest potential".

 

Article 29(1)(c) of the Convention of the Rights of the Child provides that States Parties agree that the education of the child shall be directed to the development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own.

 

The Program will involve expenditure on a range of specialist education programs, including the proposed funding for teaching community languages to school-aged children and increasing children's engagement with community languages. This will assist with the provision of language teaching to children, thereby developing a child's talent and mental abilities and the child's respect for either their own cultural language or for civilisations different from their own.

 

Articles 2(2) of the International Covenant on Civil and Political Rights (ICCPR) provides that "where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant."

 

Article 27 of the ICCPR provides that "in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language."

Community language schools will benefit children who come from families which speak the language that is being taught at the school. Accordingly, support for the proposed expenditure may be found in these treaty obligations.

 

 

 

 

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

(Home Affairs Measures No. 1) Regulations 2019

 

This disallowable 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 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 FF(SP) 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.

 

The Financial Framework (Supplementary Powers) Amendment (Home Affairs
Measures No. 1) Regulations 2019 amend Schedule 1AB to the FF(SP) Regulations to add one new table item 376 to Part 4 of that schedule. The new table item establishes legislative authority for government spending on the Community Languages Multicultural Grants Program (Program), which will be administered by the Department of Home Affairs.

 

The Program will support community languages schools to help school-aged students learn and use another language and connect young Australians to the languages and cultures of their community. As Australia's population becomes increasingly diverse, community language schools play a role in helping to build strong communities, strengthen social cohesion and respect for Australia's many different cultures. Learning a second language can establish wider intercultural appreciation and cross-cultural awareness, and prevent intergenerational conflict amongst culturally and linguistically diverse communities.

 

Government funding will be provided for two categories of grants: capacity grants and project grants.

 

The capacity grants will provide funding to help cover operating costs such as teaching materials, staff wages and new educational equipment. The capacity grant cannot be used for capital purposes such as buildings, repairs, maintenance or renovations.

 

The project grants will provide funding to develop teaching materials or to run training activities to benefit community language schools. The project is intended to address the need for curriculum development so that multiple schools teaching the same language can benefit. Community language schools will be encouraged to partner with other organisations operating community languages schools to develop proposals that draw from the synergies.

 

Human rights implications

 

This instrument engages Articles 29(1)(a) AND 29(1)(c) of the Convention on the Rights of the Child (CRC) and Articles 2 and 27 of the International Covenant on Civil and Political Rights (ICCPR).

 

Articles 29(1)(a) AND 29(1)(c) of the CRC

 

Articles 29(1)(a) AND 29(1)(c) of the CRC provide:

            'States Parties agree that the education of the child shall be directed to:

            (a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

            ...

            (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

 

The instrument supports these rights as it will improve access and the quality of the teaching of community languages to school-aged children. Better access and improved quality of teaching will in turn increase children's engagement with community languages and so contribute to the development of the talents and mental abilities of children in the Australian community as well as their respect for either their own cultural language or for cultures different from their own.

 

Articles 2(2) and 27 of the ICCPR

 

Article 2(2) of the ICCPR provides:

 

          � 'Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.'

 

Article 27 of the ICCPR provides:

            'In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.'

 

The instrument supports these rights to the extent that it makes available, and improves the quality of, the teaching of languages of ethnic and linguistic minorities in Australia. By facilitating the availability of education in minority languages, it will enable and encourage members of linguistic minorities to use their own language and connect young Australians to the language, heritage and culture of their community.

 

 

 

Conclusion

 

This instrument is compatible with human rights as it supports the human rights obligations discussed above

 

 

Senator the Hon Mathias Cormann

Minister for Finance