Attachment A

 

Details of the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 2) Regulations 2023

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 2) Regulations 2023.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after registration 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

 

Financial Framework (Supplementary Powers) Regulations 1997

 

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 to establish legislative authority for government spending on an activity administered by the National Emergency Management Agency (NEMA), part of the Home Affairs Portfolio.

 

New table item 67 establishes legislative authority for the Government to provide a grant to Disaster Relief Australia (DRA) to upscale and upskill its organisational capacity and operations to boost volunteer capacity and capability to help communities respond to and recover from disasters and will supplement state and territory resources.

 

DRA is a charity organisation which was established in 2016 with the goal of quickly responding to large scale disasters. It aims to unite the skills and experience of military veterans with emergency services specialists and civilians to rapidly deploy disaster relief teams in Australia to support the most vulnerable in communities in the wake of natural disasters.

 

The grant delivers on the Government's election commitment as published in the Plan for a Better Future. The grant also responds to the Royal Commission into National Natural Disaster Arrangements (https://naturaldisaster.royalcommission.gov.au/) focusing on national natural disasters arrangements involving all levels of government, the private and
not-for-profit sectors, communities, families and individuals. The Government made a commitment to ensure the Commonwealth can better support states and territories to prepare for, respond to and recover from natural disasters.

 

Recent natural disasters like the Black Summer bushfires, floods, storms and cyclones have impacted many Australian communities, with natural disasters occurring more frequently and on a larger scale than ever before. This has led to a greater reliance on the Australian Defence Force (ADF) to assist during response and recovery operations.

 

The Government will provide a closed non-competitive grant funding of up to $38.1 million over four years from 2022-23 to enable DRA to upscale its organisational capacity and capability to support communities affected by disasters in the response and recovery stages. This will assist DRA to boost its volunteer base by approximately 5,200 volunteers, in addition to its existing disaster volunteer base, comprised of ADF veterans and civilians.

 

The funding would support DRA to scale up its supporting infrastructure to set the business foundation for broader organisational growth. DRA has commenced enhancement of its business process and organisational capability to prepare for the significant uplift of volunteer workforce. This will include the enhancement of IT systems, logistics, business infrastructure, training, recruitment of internal support staff and the development of a marketing and recruitment campaign.

 

DRA will harness the skills and experience of civilians, including ADF veterans and emergency responders, to rapidly deploy disaster relief teams, providing a skilled volunteer base capable of integrating into existing emergency management arrangements. DRA will provide a trained, on the ground force during recovery and relief efforts, with capabilities to provide incident management, damage and impact assessment, disaster mapping and debris management.

 

This uplifted and upskilled volunteer base is likely to lead to reduced reliance on the ADF in relief and recovery and is also expected to support the physical and mental health outcomes for Australian veterans and their families through supporting their wellbeing and social connectedness.

 

NEMA and DRA will work together to build DRA into the existing Commonwealth
request-for-assistance (RFA) model that will guide their future operations. Formalisation of this model will support clarity of roles and responsibilities for all parties. This model will address the role of DRA as a provider of capabilities that could contribute to reducing the reliance on deployments of the ADF in response to state and territory RFAs under the Australian Government Crisis Management Framework.

 

NEMA will work with DRA throughout the grant period so DRA can best provide assistance to communities, local and state and territory governments and other non-government organisations during natural disasters.

 

The selection process for a grant process will be a closed non-competitive tender, adhering to the requirements of the Commonwealth Grants Rules and Guidelines (CGRGs) and the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

The Department of Industry, Science and Resources (DISR) Business Grants Hub will offer the grant opportunity guidelines and administer the grant on behalf of NEMA. The grant will be advertised on the GrantConnect website (www.grants.gov.au) in accordance with the CGRGs.

 

NEMA will seek the approval of the Minister for Emergency Management for the final grant opportunity guidelines and approval to fund DRA. NEMA will provide DISR Business Grants Hub with a delegation instrument under the Financial Framework (Supplementary Powers) Act 1997 to give effect to Commonwealth funding and administer the grant agreement with DRA on behalf of NEMA.

 

Funding decisions made under the grant are not suitable for independent merits review as they relate to an allocation of finite resources and the provision of a payment to certain service providers, over other service providers. The grant is for a specific purpose and DRA has been directly selected as it has demonstrated its ability to effectively deliver these services, evidencing successful outcomes through previous engagements with local, state and territory governments.

 

Additionally, this decision by government to allocate funding to the DRA Volunteer Uplift program as a whole is not suitable for review, as it is a budgetary decision of a policy nature benefitting vulnerable communities following disaster, rather than a decision immediately affecting any particular person's interests. This decision is subject to parliamentary scrutiny and the Minister will be held politically accountable for any consequences.

 

The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.18 of the guide, What decisions should be subject to merit review? (ARC guide)).

 

The review and audit process undertaken by the Australian National Audit Office (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.

 

Consultations between NEMA and DRA executives commenced in May 2021 to discuss the spending activities and how best to achieve value for relevant money. NEMA was already aware that with more frequent disasters such as bushfires and flooding events, the need for reliance on the ADF to assist jurisdictions and communities was growing and alternative solutions were required.

 

The Government and NEMA have been consulting with state and territories, including emergency services organisations regarding the need for additional supports during the relief and recovery phases of disaster. DRA has been providing these services to local and state governments but, with upskilling and upscaling its functions and abilities, could provide a national workforce to be called upon in times of disaster and reduce the reliance on ADF when support is sought from the Commonwealth.

 

DRA will work with local, state, territory and the Commonwealth governments and other stakeholders including not-for-profits and charitable organisations to ensure recovery and relief efforts are integrated, coordinated and not duplicative. Ongoing stakeholder engagement monitoring and evaluation will occur throughout the life of the project.

 

Funding of $38.3 million for the grant, including departmental funding was included in the 2022-23 October Budget under the measure 'Disaster Relief Australia' for a period of four years commencing in 2022-23. Details are set out in the October Budget 2022-23, Budget Measures, Budget Paper No. 2 at page 147.

 

Funding for this item will come from Program 1.6: Emergency Management, which is part of Outcome 1. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.10, Home Affairs Portfolio (National Emergency Management Agency) at pages 103 and 108.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the express incidental power and the executive power (sections 51(xxxix) and 61) of the Constitution, including the nationhood aspect.

 

Express incidental power and the executive power, including the nationhood aspect

 

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution.

 

Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

The grant to DRA will enable it to recruit, train and equip additional volunteers so as to increase its capacity to meet state, territory and local government requests for assistance in responding to and recovering from nationally significant disasters. In doing so, the grant will enable DRA to supplement and reinforce the capacity of the states and territories to respond to, and recover from, disasters that would otherwise overwhelm, or threaten to overwhelm, their emergency response capabilities. Given the scale of such disasters, Commonwealth resources are required for an effective response to, and recovery from, those disasters.

 

Item 2 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds two new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities administered by NEMA.

 

New table item 604 establishes legislative authority for government spending on the National Resource Sharing Centre (NRSC). Funding will be provided to the Australasian Fire and Emergency Service Authorities Council Limited (AFAC) to formalise the NRSC role, which is to coordinate and facilitate the deployment of resources and assets in preparing for, and responding to, disasters in Australia and overseas.

 

Recent natural disasters like the extensive flooding throughout New South Wales, Queensland, Victoria, and South Australia, the Black Summer bushfires, storms and cyclones have all had a cumulative effect on state and territory resourcing.

 

The NRSC was established in 2016 under the auspices of the National Aerial Firefighting Centre (NAFC). Its role was to provide a broader fire and emergency services resource management capability and be a national point of contact for interstate and international resource sharing. After the initial 12-month trial period, the NRSC was positioned in AFAC.

 

The NRSC has coordinated large numbers of national and international requests for assistance including, but not limited to, coordinating movements of 1,202 personnel to assist Queensland and 1,084 personnel to assist Tasmania during the 2018-19 bushfire season, international deployments from Canada and the United States of America during Australia's Black Summer Bushfires and coordinating the movement of the National Aerial Firefighting Fleet.

 

The NRSC coordinates and facilitates international and interstate deployments through its established partnerships and national arrangements, authorised by the Commissioners and Chief Officers Strategic Committee (CCOSC). The CCOSC is a decision-making forum which arrives at outcomes based on the authority given to individual members by their jurisdictional legislation. CCOSC membership is made up of all Commissioner/Chief Officers of Australia and New Zealand Fire and Emergency Management services. CCOSC also has representatives from the Australian Government, SES and Land Management Agencies. CCOSC task the NRSC in relation to its function of planning, preparing and implementing interstate and international sharing of resources, including aircraft.

 

Formalising NRSC's role and operations will enable the NRSC to:

• integrate the coordination of fire and emergency services during large scale disasters with the Australian Government through NEMA;
• continue to coordinate and facilitate interstate deployments/sharing of personnel and deployable assets from state and territory fire and emergency service capabilities, including specialised vehicles and heavy equipment;
• support national liaison, situational awareness and strategic planning for state and territory fire and emergency services resourcing during large scale disasters;
• establish a national register of state and territory fire and emergency personnel and equipment and continue to maintain data and information on personnel and deployable assets;
• provide and integrate data into the Australian Government, National Situation Room (NSR) and National Joint Common Operating Picture (NJCOP), providing national visibility of the nation's resources and assets, which will lead to more rapid decision making, and coordination and deployment of resources across Australia. The NSR, previously the Australian Government Crisis Coordination Centre, provides 24/7
  all-hazards situational awareness, impact and consequence assessment, and decision support to the Australian Government. The NJCOP is an easy to navigate platform that currently provides Australian Government and state and territory emergency management stakeholders with near-real-time automated situational awareness of nationally significant hazard events, situational awareness of other hazard events, and an enhanced position to coordinate a national approach to crisis; and
• enhance national preparedness and coordination with states and territories. 

 

The NRSC, linked to the NSR, with the authority of the CCOSC, will enable the Australian Government to respond rapidly to crises as they evolve. This rapid coordination and deployment of state and territory resources will save lives and property and reduce harm.

 

The engagement with the NRSC will facilitate access to their resources and data, enabling the Australian Government to explore opportunities such as predetermined coordination arrangements with all states and territories and unified disaster management efforts nationally.

 

States and territories and Emergency Services Organisations will have more rapid and streamlined access to resources to respond to crises as they evolve and greater assurance of the ongoing ability to efficiently share resources.

 

Funding will be delivered through a closed, non-competitive grant process in accordance with applicable legislative requirements under the PGPA Act and the CGRGs.

 

In accordance with the CGRGs, grant opportunity guidelines will be developed in collaboration with the Business Grants Hub and will be made publicly available on GrantConnect (www.grants.gov.au), together with information on the grant. The grant opportunity guidelines will outline the objectives and outcomes of the Government funding and the deliverables, including eligibility and selections processes.

 

Grants will be administered by the Business Grants Hub and the Minister for Emergency Management will make the final decision in all matters, including the approval of the grant, the funding amount to be awarded and the terms and conditions of the grant.

 

Funding decisions 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. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC guide).

 

Decisions will be made in accordance with the CGRGs and the PGPA Act. The review and audit process undertaken by the ANAO 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 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.

 

The NRSC sits within AFAC and cannot be delivered by another provider. NEMA has undertaken initial consultation with AFAC about the required outcomes of the proposed grant and will undertake further consultation during the development of the grant agreement.

 

Funding of $1.7 million for the program was provided in the October 2022-23 Budget. The program was included in the March 2022-23 Budget under the measure 'Flood Package' for a period of two years commencing in 2021-22. Details are set out in Budget 2022-23, Budget Measures, Budget Paper No. 2 2022-23 at pages 61 and 62.

 

Funding for this item will come from Program 1.3: Australian Government Resilience, Preparedness and Disaster Risk Reduction Support, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.10, Home Affairs Portfolio (National Emergency Management Agency) at page 112.

 

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

*         the external affairs power (section 51(xxix)); and

*         the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect.

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation with respect to matters or things outside the geographical limits of Australia and matters concerning Australia's relations with other nations.

 

Funding for the NRSC would ensure that Australia can prepare for and respond to disasters outside of Australia and coordinate resources and deployments with overseas agencies.

 

Express incidental power and the executive power, including the nationhood aspect

 

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution.

 

Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

Funding for the NRSC would ensure that Australia has the capacity and capability to prepare for and respond to disasters of national significance, in circumstances where a state or territory lacks the capacity to respond within available resources. Funding for the NRSC will also ensure that the AFAC has the capacity to prepare for and respond to disasters of national significance.

 

New table item 605 establishes legislative authority for government spending on the National Emergency Management Stockpile (NEMS) program which provides critical disaster resources when state and territory capabilities exceed their capacity to effectively respond to disasters.

 

The NEMS program is an important contributor to the Government's response to the Royal Commission into National Natural Disaster Arrangements, specifically recommendations 3.6: Supporting NEMA as an Enhanced National Preparedness and Response Entity and 9.1: Enabling Increased Supply Chain Resilience for the Supply of Essential Goods in a Disaster.

 

The increased frequency, intensity, concurrency and scale of disasters stretch and increasingly overwhelm the capacity of states and territories to provide effective emergency response and relief. Recent events and national exercising for severe to catastrophic crises have indicated it is highly probable that jurisdictions will quickly reach their capacity to respond to either a single catastrophic event or consecutive and concurrent disaster events in the future.

 

The NEMS has received $10 million in 2022-23 to provide the Government with the ability to step in when states and territories have reached their capacity to support disaster impacted communities. This will increase Australians' confidence in the Government's willingness and ability to support disaster impacted communities, achieving societal, political and reputational benefits. The NEMS provides the Government with an additional deployment capability, complementing ADF capabilities and reducing our significant reliance on the ADF for domestic response and relief support.

 

The NEMS model comprises:

*         a National Stockpile (stockpile) of Australian Government-owned redeployable assets and access to single-use seasonal consumables, managed under NEMA contracts with industry;

*         a NEMS Standing Offer Panel (panel) with three service categories: goods, logistics and specialist services; and

*         Memoranda of Understanding (MoUs) with other Australian Government humanitarian and crisis response services.

 

The stockpile ensures critical resources and assets are ready for deployment across Australia within 24 to 48 hours of an approved Request for Assistance (RFA) or Tasking initiated by a state or territory under the Commonwealth Disaster Management Plan (COMDISPLAN) protocols. NEMS integration into the existing arrangements is currently being finalised.

 

Emergency management resources and assets include, but will not be limited to, emergency shelter, water purification equipment, power generators, sandbags and fire retardant. Seasonal consumable resources will be reviewed and procured on a regular basis and may change based on changing conditions and state and territory consultation.

 

Deployment and operation of resources will be supported through commercial logistics and specialist services procured from the NEMS Panel or state and territory capabilities.

 

The panel is the critical enabler of the NEMS as it drives and interacts with all other NEMS components. It will enable NEMA to:

• procure, deploy and manage the Australian Government-owned NEMS stockpile;
• proactively acquire seasonal resources as part of NEMA's higher risk seasonal preparedness program; and
• enable state and territory government agencies to also procure emergency management resources.

 

The panel is based on the advice provided by NEMA internal procurement and finance teams as well as the Department of Finance strategic procurement teams. NEMA will engage a professional legal services provider to assist this process.

 

Companies will need to comply with criteria based on the expected level of the procurement. Eligibility criteria may include, but are not limited to:

• having an Australian Business Number (unless there are extenuating circumstances - ie, a highly suitable international provider);
• the experience of supplier;
• the ability to stock/source required amount of equipment as required; and
• references (at discretion of the NEMS Team/delegate).

 

The MoUs will provide NEMA with a contingency option to draw on if the NEMS stockpile capabilities have been exhausted. It is important to note the capabilities of Department of Foreign Affairs and Trade (DFAT) and National Critical Care and Trauma Response Centre are designed for use in overseas response efforts and may not always be fit for purpose for Australia domestic context.

 

NEMA will procure a range of goods and services in accordance with applicable legislative requirements under the PGPA Act, the Commonwealth Procurement Rules (CPRs) and any other associated legislation such as the Child Safety framework or the Modern Slavery Act 2018 (Cth). A range of procurement methods may be used such as open and limited tenders and eventually through a contracted panel of providers in AusTender.

 

NEMA will procure a range of goods and services, including but not limited to:

• modular self-sufficient emergency shelter camps;
• water purification/desalination systems;

*         power generation;

*         logistics and transport services;

*         specialty engineering and humanitarian aid services;

*         a mix of seasonal consumables which will vary based on projected requirements of states and territories; and

• in-house, contracted specialist procurement experts to develop the NEMS Panel and establish the stockpile.

 

NEMA will:

*         manage all contracts for the above goods and services;

*         respond to requests for assistance;

*         provide states and territories access to the NEMS Panel; and

• contract and manage all specialist procurement staff.

 

NEMA will provide an opportunity for suppliers and tenderers to make complaints if they wish, and to receive feedback. Complaints are handled by NEMA and/or under the Government Procurement (Judicial Review) Act 2018 (Cth) as appropriate.

 

Procurement is managed in NEMA via the standard Accountable Authority process within which the Coordinator General NEMA as delegate is the final decision maker. The delegate (SES Band 3) is authorised under the NEMA Accountable Authority Instructions, in accordance with the PGPA Act.

 

Information about the tender and the resultant contracts will be made available on AusTender (www.tenders.gov.au) once the contracts are signed. Procurement decisions will be based on the values outlined in the CPRs and subject to the urgency of the situation.

 

Procurement decisions made in connection with the stockpile are not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC guide).

 

The remaking of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex, impractical, and could result in delays to providing services to platform users. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.

 

NEMA (previously as Emergency Management Australia) has been consulting with states and territories, including emergency services organisations and other Australian Government bodies, since July 2022 on the implementation of the NEMS.

 

A critical element of the NEMS is to ensure that a stockpile is fit for purpose and meets the needs of the states and territories that it will be providing emergency response resources and services to. Initial discussions were undertaken with DFAT, the Department of Health and Aged Care and the Department of Defence in August 2022 and have been maintained monthly throughout 2022 and 2023.

 

NEMA met with DFAT in July 2022 to understand the existing emergency response stockpiles that they maintain in Australia and the distribution networks that they utilise for provision of those resources overseas.

 

Emergency management agency representatives from all states and territories were extensively consulted in workshops and individually throughout 2022. As part of this consultation NEMA determined key learnings from recent flood, bushfire and cyclone disaster events and established equipment and capability deficiencies within jurisdictions.

 

Further ongoing consultation will be conducted with key stakeholders as part of the delivery of the NEMS via the establishment and meeting of a Stakeholder Advisory Group.

 

Funding of $10 million for the program was provided in the October 2022-23 Budget. The program was included in the March 2022-23 Budget under the measure 'Disaster Support' for a period of one year commencing in 2022-23. Details are set out in Budget 2022-23, Budget Measures, Budget Paper No. 2 2022-23 at page 158.

 

Funding for this item will come from Program 1.6: Emergency Management, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.8, Home Affairs Portfolio (National Emergency Management Agency) at page 30.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the express incidental power and the executive power (sections 51(xxxix) and 61) of the Constitution, including the nationhood aspect.

 

Express incidental power and the executive power, including the nationhood aspect

 

The express incidental power (section 51(xxxix)) empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. Section 61 supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

Funding for the program would ensure that Australia has the capacity to prepare for and respond to disasters of national significance, in circumstances where state or territory relief and response capabilities have reached their maximum capacity.

 

 

 

Attachment B

 

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. 2) Regulations 2023

 

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 Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by 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. 2) Regulations 2023 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities administered by the National Emergency Management Agency (NEMA), part of the Home Affairs Portfolio.

 

This disallowable legislative instrument adds the following table item to Part 3 of
Schedule 1AB:

• table item 67 'Grant to Disaster Relief Australia'.

 

This disallowable legislative instrument also adds the following table items to Part 4 of
Schedule 1AB:

• table item 604 'National Resource Sharing Centre'; and
• table item 605 'National Emergency Management Stockpile'.

 

Table item 67 - Grant to Disaster Relief Australia

 

Table item 67 establishes legislative authority for the Government to provide a grant to Disaster Relief Australia (DRA). The grant responds to the Royal Commission into National Natural Disaster Arrangements focusing on national natural disaster arrangements involving all levels of government, the private and not-for-profit sectors, communities, families and individuals. The government made a commitment to ensure the Commonwealth can better support states and territories to prepare for, respond to and recover from natural disasters.

 

Funding of $38.1 million over four years from 2022-23 will enable DRA to upscale its organisational capacity and capability to support communities affected by disasters in the relief and recovery stages. This will assist DRA to boost its volunteer base by approximately 5,200 volunteers, in addition to its existing disaster volunteer base, comprised of Australian Defence Forces (ADF) veterans and civilians.

 

DRA has commenced enhancement of its business process and organisational capability to prepare for the significant increase of its volunteer workforce. This will include the enhancement of IT systems, logistic, business infrastructure, training, recruitment of internal support staff and the development of a marketing and recruitment campaign. DRA will harness the skills and experience of civilians, including ADF veterans and emergency responders, to rapidly deploy disaster relief teams, providing a skilled volunteer base capable of integrating into existing emergency management arrangements. DRA will provide a trained, on the ground force during recovery and relief efforts, with capabilities to provide incident management, damage and impact assessment, disaster mapping and debris management.

 

Human rights implications

 

Table item 67 engages the following human rights:

• the right to work - Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2, and 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
• the right to physical and mental health - Article 12 of the ICESCR.

 

Right to Work

 

Article 2 of the ICESCR provides that each State Party will undertake to take steps to the maximum of its resources, without discrimination to any party, to realise the rights recognised in the ICESCR.

 

Article 6 of the ICESCR recognises the right to work includes the right of everyone to the opportunity to gain a living by work they freely choose or accept and the States Parties taking appropriate steps to realise that right, including through technical and vocational training.

 

Articles 1 to 4 of the ILO Convention 142 relate to the adoption and development of comprehensive coordinated policies and programs of vocational guidance and training, including taking account of the mutual relationship between human resources development and other economic, social and cultural objectives and vocational training systems meeting the need of vocational training throughout the life of both young persons and adults in all sectors of the economy.

 

Table item 67 promotes the right to work by upskilling and increasing the capacity of the volunteers who are engaged with the program. The ADF and Emergency Service veterans, as well as civilians, who volunteer with DRA will have a strengthened and broadened skill set and capabilities by engaging in such training. By increasing both the number of volunteers and the capacity to provide training to assist in disaster relief, the program increases the skills and training of members which may aide in the future employment of volunteers.

 

 

Right to Physical and Mental Health

 

Article 12 of the ICESCR recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, which includes the prevention of occupational and other diseases and the creation of conditions which would assure to all medical service and medical attention in the event of sickness.

 

Table item 67 promotes the right to physical and mental health through the support of the program. The program has an expected ancillary benefit of supporting the physical and mental health outcomes for Australian veterans, their families and civilian volunteers, through supporting their wellbeing and social connectedness. As such the program creates the conditions that enable the increase in access to medical attention with health and wellbeing assessments occurring upon entry, as well as ongoing supports offered that can assist with the prevention of the proliferation of occupational illness associated with veterans, impacting them and their families. By engaging in a mutually supportive environment and a common goal of service to the community, the physical and mental health conditions of volunteers are likely to improve.

 

Conclusion

 

Table item 67 is compatible with human rights as it promotes the protection of human rights.

 

Table item 604 - National Resource Sharing Centre

 

Table item 604 establishes legislative authority for government spending on the National Resource Sharing Centre (NRSC). Funding will be provided to the Australasian Fire and Emergency Service Authorities Council Limited to formalise the NRSC role, which is to coordinate and facilitate the deployment of resources and assets in preparing for, and responding to, disasters in Australia and overseas.

 

The NRSC coordinates and facilitates international and interstate deployments through its established partnerships and national arrangements, authorised by the Commissioners and Chief Officers Strategic Committee, a decision-making forum which arrives at outcomes based on the authority given to individual members by their jurisdictional legislation. The membership is made up of all Commissioner/Chief Officers of Australia and New Zealand Fire and Emergency Management services.

 

Funding of $1.7 million will formalise NRSC's role and operations to enable the centre to:

• integrate the coordination of fire and emergency services during large scale disasters with the Australian Government through NEMA;
• continue to coordinate and facilitate interstate deployments/sharing of personnel and deployable assets from state and territory fire and emergency service capabilities, including specialised vehicles and heavy equipment;
• support national liaison, situational awareness and strategic planning for state and territory fire and emergency services resourcing during large-scale disasters;
• establish a national register of state and territory fire and emergency personnel and equipment and continue to maintain data and information on personnel and deployable assets;
• provide and integrate data into the Australian Government, National Situation Room and National Joint Common Operating Picture, providing national visibility of the nation's resources and assets, which will lead to more rapid decision making, coordination and deployment of resources across Australia; and
• enhance national preparedness and coordination with states and territories. 

 

Human rights implications

 

Table item 604 does not engage any of the applicable human rights or freedoms.

 

Conclusion

 

Table item 604 is compatible with human rights as it does not raise any human rights issues.

 

Table item 605 - National Emergency Management Stockpile

 

Table item 605 establishes legislative authority for government spending on the National Emergency Management Stockpile (NEMS) program which provides critical disaster resources when state and territory capabilities exceed their capacity to effectively respond to severe to catastrophic disasters.

 

The NEMS program is an important contributor to the Government's response to the Royal Commission into National Natural Disaster Arrangements, specifically recommendations 3.6 Supporting NEMA as an Enhanced National Preparedness and Response Entity and 9.1 Enabling Increased Supply Chain Resilience for the Supply of Essential Goods in a Disaster.

 

The increased frequency, intensity, concurrency and scale of disasters, in part driven by climate change, stretch and increasingly overwhelm state and territory's capacity for effective emergency response and relief. Recent events and national exercising for severe to catastrophic crises have indicated it is highly probable that jurisdictions will quickly reach their capacity to respond to either a single catastrophic event or consecutive and concurrent disaster events in the future.

 

The NEMS has received $10 million in 2022-23 to provide the Government with the ability to step in when states and territories have reached their capacity to support disaster impacted communities. This will increase Australians' confidence in the Government's willingness and ability to support disaster impacted communities, achieving societal, political and reputational benefits. The NEMS provides the Government with an additional deployment capability, complementing ADF capabilities and reducing our significant reliance on the ADF for domestic response and relief support.

 

The NEMS model comprises:

• a National Stockpile of Australian Government-owned redeployable assets and access to single-use seasonal consumables, managed under NEMA contracts with industry;
• a NEMS Standing Offer Panel (panel) with three service categories: goods, logistics and specialist services; and

*         Memoranda of Understanding (MoUs) with other Australian Government humanitarian and crisis response services.

 

Human rights implications

 

Table item 605 engages the following human rights:

• the right to accessibility - Article 9 of the Convention on the Rights of Persons with Disabilities (CPRD), read with Article 4;
• the right to protection and safety in situations of risk and humanitarian emergencies - Article 11 of the CPRD;
• the right to living independently and being included in the community - Article 19 of the CPRD; and
• the right of a child to adequate standard of living (housing) - Article 27 of the Convention on the Rights of the Child (CRC), read with Article 4.

 

Right to Accessibility

 

Article 4 of CPRD requires States Parties to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.

 

Article 9 of the CPRD requires that States Parties enable persons with disabilities to live independently and participate fully in all aspects of life. States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

• buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; and
• information, communications and other services, including electronic services and emergency services.

 

The NEMS will promote the accessibility of emergency services response assets by providing fully accessible housing and life sustaining resources to impacted peoples, allowing disabled Australians to maintain connection to community. Additionally, the provision of shelter to state and territories will allow jurisdictions to prioritise the provision of limited permanent shelter to a greater number of vulnerable people.

 

Right to protection and safety in situations of risk and humanitarian emergencies

 

Article 11 of the CPRD requires that States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

 

The NEMS aims to enable states and territories to provide protection and safety for disabled persons during natural disasters through the delivery of shelter, life preserving equipment and additional disaster relief resources where existing arrangements are overwhelmed.

 

Right to living independently and being included in the community

 

Article 19 of the CPRD requires that States Parties recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

(a)    persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;

(b)   persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community; and

(c)    community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

 

The NEMS provision of fully accessible shelter will improve the ability of disabled persons to continue living within their communities during a natural disaster preventing their isolation in separate accommodation arrangements. These assets enhance persons with disabilities right to choose their living arrangements even during disaster.

 

Right of a child to an adequate standard of living

 

Article 4 of the CRC requires States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the CRC.

 

Article 27 of the CRC requires that States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

 

The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.

 

States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programs, particularly with regard to nutrition, clothing and housing.

 

Through the provision of self-sustaining housing to impacted communities during a crisis the NEMS supports the right of children to adequate housing during disasters where their primary carers may be in need of material assistance or support.

 

Conclusion

 

Table item 605 is compatible with human rights as it promotes the protection of human rights.

 

 

Senator the Hon Katy Gallagher

Minister for Finance