Details of the Financial Framework (Supplementary Powers) Amendment (Communications and the Arts Measures No. 3) Regulations 2018
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Communications and the Arts Measures No. 3) Regulations 2018.
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 three new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on activities that are administered by the Department of Communications and the Arts (the department).
New table item 313 establishes legislative authority for government spending on the Visions of Australia program.
This long-standing program commenced in 1992 and was one of a number of programs returned to the department from the Australia Council in July 2015 to be delivered under the umbrella of the National Program for Excellence in the Arts (NPEA). Following the cessation of the NPEA in November 2015, the Visions of Australia program continues to be administered by the department.
Under the Visions of Australia program, funding is provided to arts and cultural organisations to enable them to develop and tour exhibitions, with the objective of increasing access for Australian audiences to exhibitions of quality Australian arts and cultural material. The program has a particular focus on funding tours to regional and remote Australian venues. The program also aims to encourage partnerships between organisations, particularly collaboration across the collections sector, to form curatorial partnerships and where appropriate, access to mentoring and skills transfer opportunities, and financial partnerships.
Funding is provided to arts and cultural organisations for the development and touring of a wide range of cultural material, including cultural material of historic, scientific, design, social or artistic significance; the work of contemporary visual or craft artists; and moving image and multimedia.
The funding enables artists and organisations to shape Australia's cultural landscape, increase cultural diversity and inspire, educate and entertain audiences across Australia. By providing funding for the costs associated with the development and touring of exhibitions, the collections and stories cared for by cultural organisations, from major public institutions to small community groups, are able to be shared as broadly as possible for the benefit of audiences and artists across the nation. Without this funding, many organisations would be limited in, or prohibited from, touring their collections. Supporting regional cultural development remains a priority for the Government and the program supports outcomes for regional audiences by prioritising regional touring.
While the primary outcome for the program is to support audience access to cultural material, touring exhibitions also offer opportunities for professional and financial benefits to participating partners. The program encourages partnerships within the collections sector at a number of levels, including curatorial exchange and collaboration; professional development, particularly for staff in recipient venues; as well as financial partnerships. Financial partnerships may include partnerships with other organisations, and state and territory funding programs where appropriate.
Program funding is delivered through two streams:
* development: for the costs of planning and producing an exhibition to tour, including research and design; and
* touring: for the costs to produce the exhibition and the costs to transport, install and dismantle the exhibition as well as deliver public programs, including education programs and workshops associated with the exhibition.
The program complements other government funding programs for the arts, particularly the National Collecting Institutions Touring and Outreach program, which supports touring exhibitions of material from the Australian Government's national collecting institutions.
Program funding of approximately $2.4 million per annum, indexed, is delivered through two annual open and competitive funding rounds. No funding cap is applied to individual applications and funding provides support to approximately 10 to 15 exhibition activities each year, which travel to approximately 60 to 80 venues across all states and territories.
Funding may be sought by eligible organisations whose principal purpose is arts or cultural heritage, and is available on either a single-year or multi-year basis of up to four years.
The department administers the program with funding rounds advertised and reported on GrantConnect (www.grants.gov.au) as well as promoted through the department's media and communications channels. These rounds generally open in September and February. Applications are accepted from Australian incorporated organisations that have as their principal purpose the arts and/or cultural heritage, for prospective tours. Funding is allocated in November/December for activities to commence from 1 January of the next calendar year, and in May/June for activities to commence from 1 July in the same calendar year. Funding cannot be granted retrospectively.
Applicants apply against eligibility and assessment criteria as outlined in the program guidelines which have been developed in accordance with the Commonwealth Grants Rules and Guidelines 2017. The program guidelines are publicly available on GrantConnect.
Funding is administered by the department and successful grants recipients must enter into a legally binding grant agreement whereby they directly deliver the agreed activity within defined terms and conditions.
The Minister for Communications and the Arts (the Minister) is the decision-maker for grant expenditure under the program, and all relevant approvals are subject to the Public Governance, Performance and Accountability Act 2013 (the PGPA Act). Departmental officials and a minimum of three external assessors engaged by the department assess applications on their merits against the assessment criteria and in accordance with the program guidelines, and make recommendations to the Minister on whether to approve a grant application. Funding decisions are made objectively, and in accordance with the assessment process set out in the program guidelines and applicable legislative requirements under the PGPA Act.
Applications that meet all eligibility criteria are ranked against the assessment criteria. Only applications that perform strongly against the assessment criteria are funded.
The Minister's decision is final in all matters, including the approval of grants, the grant funding amounts to be awarded, and the terms and conditions of grants. The Minister will not approve funding if the program funding available across financial years will not accommodate the funding offer, and/or the application does not represent value for relevant money. If unsuccessful, organisations are eligible to reapply in future funding rounds.
Information on funding decisions is made publicly available at: https://www.arts.gov.au/funding-and-support/visions-australia.
Funding decisions made in connection with the program are not considered appropriate for independent merits review. The decision to approve funding is based on the allocation of finite resources. Since its inception, requests for funding have exceeded the available budget for the program. With funding requests that significantly exceed the limit of the available funding, only a proportion of suitable applications can be funded. A reviewed decision made in relation to one grant would also affect decisions in relation to all others, particularly around timing and funding amounts, which could jeopardise recommended activities.
In order to address accountability issues related to the exclusion of merits review, the program design and assessment process emphasises the need for administrative accountability relating to decisions to allocate funding. This includes ensuring that:
* the criteria for funding are made clear;
* the process includes a minimum of three external independent assessors in addition to the department's assessment; and
* decisions are made objectively and in accordance with applicable legislative requirements under the PGPA Act.
An applicant who is dissatisfied with the handling of their grant application under the program by the department will be able to lodge a complaint with the program manager for consideration. Applicants who are otherwise affected by decisions or who have complaints about the program also have recourse to the department, in accordance with the department's Client Service Charter. Complaints would be investigated under the department's complaints policy and procedures. Information on the Charter and the handling of complaints is available at www.communications.gov.au/who-we-are/department/client-service-charter. If the applicant is not satisfied with the outcome of the department's assessment or investigation of their complaint, they will be able to contact the Commonwealth Ombudsman as a final recourse.
Funding of $9.9 million was included in the 2018-19 Budget for this program for a period of four years commencing in 2018-19. Funding for this item comes from Program 2.1: Arts and Cultural Development, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.3, Communications and the Arts Portfolio at page 26.
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 express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect;
* the trade and commerce power (section 51(i)); and
* the territories power (section 122).
Executive power and express incidental 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 it by the Constitution. Together with the executive power in section 61 of the Constitution, the express incidental power 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 program will shape Australia's cultural landscape and increase cultural diversity by funding the development and touring of exhibitions to regional and remote Australian venues, to increase Australian audiences' access to, and to fill gaps in, the national arts landscape.
Trade and commerce power
Section 51(i) of the Constitution empowers the Parliament to make laws with respect to 'trade and commerce with other countries, and among the states'.
The program will fund exhibitions to tour regional and remote Australian venues across different states.
Territories power
Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'.
The program will provide funding for exhibitions to be developed in, and tour in, territories.
New table item 314 establishes legislative authority for government spending on the Festivals Australia program.
This long-standing program commenced in 1995 and was one of a number of programs returned to the department from the Australia Council in July 2015 to be delivered under the umbrella of the NPEA. Following the cessation of the NPEA in November 2015, the Festivals Australia program continues to be administered by the department.
Under the Festivals Australia program, funding is provided to incorporated organisations to deliver arts projects at festivals or significant one-off community celebrations in regional and remote Australia. The program enables community members living in regional or remote Australia the opportunity to participate in, or attend, a diverse range of arts projects at a festival while supporting the celebration of place, promoting a sense of community identity and encouraging greater private sector support for the arts.
The objectives of the program are:
* to provide access to a diverse range of high-quality, innovative arts projects that grow audiences at festivals across regional and remote Australia;
* to support partnerships and collaboration across the arts sector; and
* to encourage community participation in arts projects at regional and remote festivals.
Funding is provided to eligible organisations to deliver arts projects such as parades, performances, workshops, installations or exhibitions. Artform focus can include, but is not limited to circus, dance, film, literature, music, theatre, multimedia, visual art and crafts.
The program enables greater access to arts experiences for communities in regional and remote Australia. It assists in creating a sense of community pride and identity, community cohesion and enabling communities to derive greater economic benefit from hosting a festival in their region. It also exposes artists to new and diverse audiences and enables the development of creative and financial partnerships and collaborations.
The Government provides approximately $1.2 million per financial year, indexed, through two open competitive funding rounds. Funding may be sought on a single or multi-year basis.
The funding rounds usually open in February and September. Applications are accepted from Australian incorporated organisations, for prospective arts projects. Funding cannot be granted retrospectively.
Prospective funding rounds are advertised and reported on GrantConnect (www.grants.gov.au) as well as promoted through the department's media and communications channels. Funding is generally allocated in January/February following the closure of the September round and May/June following the closure of the February round. Funding is administered by the department and successful grant recipients must enter into a legally binding agreement whereby they directly deliver the agreed activity within defined terms and conditions.
Applicants apply against eligibility and assessment criteria as outlined in the program guidelines which have been developed in accordance with the Commonwealth Grants Rules and Guidelines 2017. The guidelines are publicly available on GrantConnect.
The Minister is the decision-maker for grant expenditure under the program, and all relevant approvals are subject to the PGPA Act. Departmental officials and a minimum of three external assessors assess the applications received on their own merits, against the assessment criteria, and in accordance with the program guidelines. They make recommendations to the Minister on whether to approve a grant application. Funding decisions will be made objectively, and in accordance with the assessment process set out in the program guidelines and applicable legislative requirements under the PGPA Act.
Applications that meet all eligibility criteria will be ranked against the assessment criteria. Only applications that perform strongly against the assessment criteria will be funded.
The Minister's decision is final in all matters, including the approval of grants, the grant funding amounts to be awarded and the terms and conditions of the grants. The Minister will not approve funding if the program funding available across financial years will not accommodate the funding offer, and/or the application does not represent value for relevant money. If unsuccessful, organisations are eligible to reapply in future funding rounds.
Information on funding decisions is made publicly available at: https://www.arts.gov.au/funding-and-support/festivals-australia.
Funding decisions made in connection with the program are not considered appropriate for independent merits review. The decision to approve funding is based on the allocation of finite resources. Since its inception, requests for funding have exceeded the available budget for the program. With funding requests that significantly exceed the limit of the available funding, only a proportion of suitable applications can be funded. A reviewed decision made in relation to one grant will also affect decisions in relation to all others.
In order to address accountability issues related to the exclusion of a merits review, the Festivals Australia program design and assessment process emphasises the need for administrative accountability relating to decisions to allocate funding. This includes ensuring that:
* the criteria for funding are made clear;
* the processes of allocating funds are fair; and
* decisions are made objectively and in accordance with applicable legislative requirements under the PGPA Act.
An applicant who is dissatisfied about the handling of their grant application under the program by the department will be able to lodge a complaint with the program manager for consideration.
Applicants who are otherwise affected by decisions or who have complaints about the program also have recourse to the department, in accordance with the department's Client Service Charter. Complaints would be investigated under the department's complaints policy and procedures. Information on the Charter and the handling of complaints is available at www.communications.gov.au/who-we-are/department/client-service-charter. If the applicant is not satisfied with the outcome of the department's assessment or investigation of their complaint, they will be able to contact the Commonwealth Ombudsman as a final recourse.
Funding of $5.0 million was included in the 2018-19 Budget for the program for a period of four years commencing in 2018-19. Funding for this item will come from Program 2.1: Arts and Cultural Development, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.3, Communications and the Arts Portfolio at page 26.
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 express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect; and
* the territories power (section 122).
Executive power and express incidental 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 it by the Constitution. Together with the executive power in section 61 of the Constitution, the express incidental power 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.
This program will provide national oversight to, and fill gaps in, the national arts landscape by funding festivals and community celebrations across rural and regional Australia.
Territories power
Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. The program will fund festivals and community celebrations in the territories.
New table item 315 establishes legislative authority for government spending on the Indigenous Visual Arts Industry Support (IVAIS) program.
The IVAIS program provides funding to assist Aboriginal and Torres Strait Islander artists to participate in Australia's world-renowned Indigenous visual arts industry.
The Government has supported Aboriginal and Torres Strait Islander visual artists in some form since 1971. Since 2015-16, the program has also included funding for the employment of Indigenous arts workers by Indigenous art centres.
The IVAIS program is at the heart of Australia's Indigenous visual arts movement, contributing to the production of art that is internationally recognised and sought after for its quality, innovation and cultural richness. The Government is committed to investing in this industry so that it is developed and strengthened for future generations.
The outcomes supported by the IVAIS program are:
* a professional, viable and ethical Indigenous visual arts industry that features strong participation and provides economic opportunities for Aboriginal and Torres Strait Islander people; and
* the continued production, exhibition, critique, purchase and collection of Indigenous visual art.
The IVAIS program provides funding for around 80 Indigenous-owned art centres that support around 7,000 artists, mostly in remote communities, as well as a number of service organisations, art fairs and regional hubs. It also contributes to providing professional opportunities for more than 300 Aboriginal and Torres Strait Islander arts workers who support the day-to-day functions of Indigenous art centres, including by providing administrative assistance, studio technical assistance, artist support, art centre maintenance, and community liaison.
Indigenous art centres are often at the heart of community life and can be central to the social and economic wellbeing of regional and remote communities. As Indigenous-owned and governed enterprises, Indigenous art centres are responsive to local needs, play an important role in promoting the transmission of culture, and facilitate direct involvement and decision-making by community leaders.
Program outcomes are met by funding a diverse range of Indigenous visual arts projects that:
* support the operations of Indigenous visual art centres, hubs, marketing events and service organisations that provide professional support to Aboriginal and Torres Strait Islander artists in the production, promotion and marketing of their art;
* provide opportunities for Aboriginal and Torres Strait Islander artists to develop, extend, market and generate income from their professional visual art practice;
* provide employment and economic opportunities in the visual arts industry for Aboriginal and Torres Strait Islander peoples, particularly in remote communities;
* provide opportunities for art centre staff, artists and board members to develop professional skills and gain experience; and
* contribute to strengthening the Indigenous visual arts industry, including the delivery of professional services and support by industry service organisations.
The Government provides approximately $21 million per financial year in grants through the IVAIS program. The overall program budget comprises two components, the IVAIS component and the Visual Arts and Craft Strategy (VACS) component.
VACS is a national matched funding partnership between the Australian Government and state and territory governments that is a joint response to the 2002 Inquiry into the Contemporary Visual Arts and Craft Sector, conducted at the request of the Australian Government by Rupert Myer AO. VACS funding is primarily delivered by the Australia Council for the Arts. A small portion is allocated to be delivered through the IVAIS program due to the synergies between the IVAIS outcomes and the objective of this VACS component, which is to provide professional support for Aboriginal and Torres Strait Islander artists.
The two funding components for the IVAIS program are as follows:
* funding for the IVAIS program with $81.7 million over four years from 2018-19 included in the 2018-19 Budget. The funding comes from Program 2.1: Arts and Cultural Development, which is part of Outcome 2; and
* funding for the IVAIS Visual Arts and Craft Strategy, Indigenous Art Centre Projects, with $3.5 million over four years from 2018-19 included in the 2018-19 Budget. This funding comes from part of the Visual Arts and Craft Strategy, a $14 million per annum initiative that is jointly funded by the Australian Government and state and territory governments. The IVAIS VACS component is administered through Program 2.1: Arts and Cultural Development, which is part of Outcome 2.
Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.3, Communications and the Arts Portfolio at pages 26 and 55.
The two budget components form the full IVAIS program budget, and are administered as a single program, using a single set of guidelines and the same contract administration process. Some grant recipients receive funds from both the VACS and IVAIS components, however, funding is delivered through a single grant agreement with a single set of reporting, thereby reducing the administrative burden for recipients.
The annual IVAIS and VACS appropriations are expended fully each financial year and committed to the majority of organisations through multi-year grant agreements. Funding is distributed through two grant opportunities:
* a restricted non-competitive process for organisations that have a history of high-level performance under the program outcomes, with priority given to organisations that have previously received IVAIS funding; and
* an open competitive process that is open to all eligible organisations wishing to apply for new or additional grant funds.
For the restricted non-competitive process, end-of-funding cycle conversations are generally held between April and May each year with each grant recipient who has grant funds lapsing at the end of that financial year. Eligible organisations can also apply for new or additional grant funds for a new activity at any time through the open competitive process. Grants are generally allocated in June for the forthcoming financial year. Successful grants recipients must enter into a legally binding grant agreement whereby they directly deliver the agreed activity within defined terms and conditions.
Through the restricted non-competitive process, organisations are evaluated against the assessment criteria and past performance, including history of financial management and governance, and on a value for money basis, within the available budget. There is no maximum for each grant. Funding levels vary depending on the scale and type of activities.
Through the open competitive process, approximately $300,000 is earmarked each financial year to support new activities. There is no maximum for each grant. Funding levels for new activities would generally range from $5,000 to $80,000 per annum depending on the scale of the activity.
The program guidelines, which include grant eligibility and assessment criteria for the IVAIS program (including for both the IVAIS and VACS budget components), are publicly available on GrantConnect at www.grants.gov.au. The funding rounds are advertised and reported on GrantConnect. Information on funding decisions will also be made publicly available on GrantConnect and the department's website at www.arts.gov.au/funding-and-support/indigenous-visual-arts-industry-support-program.
Applicants for both processes apply against grant eligibility and assessment criteria as outlined in the program guidelines which have been developed in accordance with the Commonwealth Grants Rules and Guidelines 2017.
Funding is administered by the department through grant agreements between the department and grant recipients, with the agreements developed to ensure compliance with, and reporting on, government objectives.
The Minister is the decision-maker for grant expenditure under both processes, and all relevant approvals are subject to the PGPA Act. Departmental officials will assess grant applications on their own merits against the assessment criteria and in accordance with the program guidelines, and make recommendations to the Minister on whether to approve a grant. Funding decisions will be made objectively, and in accordance with the assessment process set out in the program guidelines and applicable legislative requirements under the PGPA Act.
The Minister's decision is final in all matters, including the approval of the grant and the grant amount to be awarded. The Minister will not approve a grant if the IVAIS program budget available across financial years will not accommodate the grant offer, and/or the recommended activity does not represent value for money. There is no appeal mechanism for decisions to approve or not approve a grant.
Funding decisions made in connection with the IVAIS program (including for both the IVAIS and VACS budget components) are not considered appropriate for independent merits review. The decision to approve funding is based on the allocation of finite resources. With limited available funds and more applications each year than can be met, only a proportion of suitable applications can be funded. A reviewed decision made in relation to one grant would also affect decisions in relation to all others.
In order to address accountability issues related to the exclusion of merits review, the IVAIS program design and assessment process emphasises the need for administrative accountability relating to decisions to allocate funding. This includes ensuring that:
* the processes of allocating funds are fair;
* the criteria for funding are made clear; and
* recommendations and decisions are made objectively.
Applicants who are affected by decisions or who have complaints about the IVAIS program have recourse through the department's Client Service Charter. Complaints would be investigated under the department's complaints policy and procedures. Information on the Charter and the handling of complaints is available at www.communications.gov.au/who-we-are/department/client-service-charter. If not satisfied with the outcome of the department's assessment or investigation of a complaint, the applicant can contact the Commonwealth Ombudsman as a final recourse.
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 races power (section 51(xxvi));
* the territories power (section 122); and
* the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect.
Races power
Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'.
The IVAIS program will provide funding specifically for Indigenous art centres and related industry organisations to assist Aboriginal and Torres Strait Islander peoples to create and promote their visual arts products, and to support Aboriginal and Torres Strait Islander visual artists and arts workers.
Territories power
Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. Some of the grants made under the IVAIS program will fund projects in a territory (for example, the Northern Territory).
Commonwealth executive power and the express incidental 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 it by the Constitution. Together with the executive power in section 61 of the Constitution, the express incidental power supports activities and enterprises 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 IVAIS program provides support for Aboriginal and Torres Strait Islander artists who contribute to Australia's Indigenous visual arts industry that is a national concern, relevant to all Australians and to the Australian identity.
Commonwealth Numbered Regulations - Explanatory Statements