The Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Veterans' Affairs.

 

A regulation impact statement is not required as the Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector.

 

 

 

 

 

 

 

 

Details of the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 2) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 2) Regulations 2019.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the instrument is 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 to establish legislative authority for government spending on an initiative that will be administered by the Department of Veterans' Affairs (the department).

 

New table item 364 provides legislative authority for government spending on the Veterans' Wellbeing Centres (Centres).

 

The Centres will support the co-location of veterans' support services and allow for closer integration and coordination of government and non-government support, including connections with local health services, community organisations, and advocacy and wellbeing support. The Centres will operate in partnership with ex-service organisations (ESOs) and state and territory governments.

 

Funding of $30 million will be available to establish six Centres in Townsville (the Oasis), Perth (Veterans' Central), Adelaide (the Repat Hospital at Daw Park) and in the Darwin, Nowra and Wodonga regions. These Centres were selected based on the significant local population of veterans and their families, including both serving and ex-serving members and their families as well as a need for services and support in that area. There is potential for additional Centres to be developed in the future.

 

The Centres will act as a shopfront to provide simple and seamless access to services, which are tailored to local needs and opportunities. Dependent on local need, Centres could provide services to support transition, employment, homelessness, domestic violence, physical and mental health, as well as client and community engagement. The core purpose of the Government funding for the Centres is to provide support services for veterans and their families.

 

The Centres will operate by hosting services and support provided by Commonwealth and state and territory governments, ESOs and other non-governmental organisations which can link veterans and their families with existing relevant services tailored to the needs and opportunities of the local area.

 

Dependent on local need and opportunity, the funding will be used for:

*         capital works projects to construct new buildings or redevelop or enhance existing buildings

*         equipment and related facilities at Centres

*         the provision of space for departmental staff, community partners and ESOs to provide services and support to veterans

*         administration and operation of the Centres

*         the provision of Digital MyService kiosks in the Centres with digital devices to be used by veterans and their families to make or follow up on claims or otherwise interact with the department.

 

Three type of services will be provided as follows:

 

Essential services (to be provided at the Centres) including: transition support, housing support, mental health support, employment support, MyService kiosks and Open Arms Community and Peer Advisors. Each Centre shopfront would host partnered governmental and non-governmental organisations which provide and link veterans and their families to relevant services and support in their local area. The mechanism for delivery would require organisations to have a physical presence at the Centres. 

 

Desirable services including: outreach services, space for community and commemorative activities to facilitate social connections, Veterans Support Officers, medical services, physical and mental health support services and alternative therapies. It will be the decision of the partnered ESO and state and territory government entity funding recipient to assess the needs of the local community and determine relevant desirable services. The services will operate through the physical presence of government and non-governmental organisations at the Centres. Services would operate through this physical presence according to mechanisms and procedures used by those organisations. 

 

Connected services (facilitated through the Centres and dependent on the local need and opportunity) including: outreach services in partnership with ESOs, Veterans Support Officers, the Defence Community Organisation and ADF Member Support Coordinators, community organisations, employment providers, state and territory and local government services and allied health professionals. These services would operate by physically or digitally connecting or referring veterans and their families to other organisations. One important delivery mechanism would be MyService Kiosks. 

 

Funding will be delivered through a mixed model grants process, with selected organisations requested to submit nominations for grants. Proposals will not be assessed against other applicant's submissions but against standard assessment criteria. Further information will be contained in Grant Guidelines. The Minister for Veterans and Defence Personnel will be the final decision maker on these grants.

 

The administration of the grants such as collating program documentation, executing funding agreements, managing payments and meeting reporting requirements will be consistent with the Whole-of-Government Grants Administrative Arrangements.

 

Consistent with mandatory reporting requirements, grant awards will be reported on GrantConnect and be published on GrantConnect within 21 days of a grant agreement taking effect.  

 

Grant decisions under the Centres will involve the allocation of finite resources, and as such, are not suitable for 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 Commonwealth Grant Rules and Guidelines 2017 and the Public Governance, Accountability and Performance Act 2013.  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.

 

Funding for the Centres will come from Programs under Outcome 2.4.  Details are set out in Portfolio Budget Statements 2019-20, Budget Related Paper No. 1.4B, Defence Portfolio (Department of Veterans' Affairs) (at page 53).

 

Noting that this is not a comprehensive statement of relevant constitutional considerations, the objective references the following powers in the Constitution:

*         defence power (s 51(vi))

*         the social welfare power (section 51(xxiiiA)).

 

Defence power

 

Section 51(vi) of the Constitution empowers the Parliament to make laws with respect to 'the naval and military defence' of the Commonwealth and States, and 'the control of the forces to execute and maintain the laws of the Commonwealth'.

 

The Centres will provide grants to organisations which support veterans finding employment, which will be to confer a benefit on the recipients in relation to their ADF service.

 

Social welfare power

 

The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits including unemployment.

 

The Centres will involve the conferral of grants funds to assist veterans find employment including though case management, counselling and vocational education.

 

 

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. 2) 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 (Veterans' Affairs Measures No. 2) Regulations 2019 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Veterans' Wellbeing Centres (the Centres), which will be administered by the Department of Veterans' Affairs (the department).

 

The Centres will support the co-location of veterans' support services and allow for closer integration and coordination of government and non-government support, including connections with local health services, community organisations and advocacy and wellbeing support. The Centres will operate in partnership with ex-service organisations and state and territory governments.

 

Funding of $30 million over three years from 2019-20 will be made available to establish six Centres. They will be located in Townsville (the Oasis), Perth (Veterans' Central), Adelaide (the Repat Hospital at Daw Park) and the Darwin, Nowra and Wodonga regions. There is potential for additional Centres to be developed in the future.

 

Human rights implications

 

This instrument engages and promotes the right to highest attainable standard of physical and mental health.

 

 

 

 

Right to highest attainable standard of physical and mental health

 

The right to physical and mental health is contained in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

Article 12.1 of the ICESCR states that "States Parties ... recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health".

This instrument engages and promotes a standard of living adequate for the health and wellbeing of himself and of his family.

 

Right to a standard of living adequate for the health and wellbeing of himself and of his family

 

The right to health and wellbeing for an individual and their family is contained in Article 25 of the Universal Declaration of Human Rights (UDHR).

 

Article 25.1 of the UDHR states that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control".

 

This instrument engages and promotes the right to health and wellbeing through Veterans' Wellbeing Centres which support veterans and their families to connect to a variety of services. Specifically the instrument will provide funding to ex-service organisations to establish and maintain Veterans Wellbeing Centres which provide support in areas such as health, housing, transition, finance and transition. In so doing, the item enhances general wellbeing and supports the rights listed above.

 

Conclusion

 

This instrument is compatible with the right to work as it will fund support for veterans (including former Defence Force members) and their families to find meaningful employment. 

 

Senator the Hon Mathias Cormann

Minister for Finance