Details of the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 1) Regulation 2015

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 1) Regulation 2015.

 

Section 2 - Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments. 

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedules to the Regulation.

 

Schedule 1 - Amendments

 

Item 1 - Part 3 of Schedule 1AB (table)

 

This item adds a new table item to Part 3 of Schedule 1AB that establishes legislative authority for government spending for an activity to be administered by the Department of Education and Training.

 

New table item 9 establishes legislative authority for the Government to provide funding to the Australian Federation of Ethnic Schools Associations Inc (trading as Community Languages Australia) in order to improve the provision of community languages education to Australian school students. 

 

The objectives of providing funding to Community Languages Australia (CLA) are to:

*         support the provision of community languages education to Australian school students to improve student learning outcomes;

*         provide quality community languages education to support the Government's languages education targets for Australian schools students; and

*         provide professional development of community languages teachers.

 

Funding will also be provided to support:

*         the development of partnerships between primary, secondary and community languages schools in order to increase Australian school student engagement with community languages education; and

*         the collation of information on the provision of community languages education across Australia in order to support ongoing policy development with regard to community languages.

 

Funding will be primarily provided to CLA in order to assist that organisation to support, improve, expand and promote the teaching of community languages to Australian school students and the take-up of community languages by those students.

 

Funding will be drawn from the Quality Outcomes sub-programme, a discretionary grants programme for initiatives of importance to the Government.  The Minister for Education and Training approves funding allocations under this sub-programme.

 

Funding will be provided in accordance with the Commonwealth Grants Rules and Guidelines, the Department's Secretary Instructions and delegations on the expenditure of relevant monies, in accordance with the Public Governance, Performance and Accountability Act 2013.  Grant guidelines relating to this funding will be available on the Department's website (www.education.gov.au).

 

As funding is targeted, non-competitive, and for a specific organisation and purpose, merits review is not applicable.

 

The Quality Outcomes sub-programme comes under Programme 1.3: Early Learning and Schools Support, which is part of Outcome 1: Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality support, parent engagement, quality teaching and learning environments.  Details are set out in the Portfolio Budget Statements 2015-16, Budget Related Paper No. 1.5, Education and Training Portfolio at pages 28 to 30. 

 

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));
• the communications power (section 51(v)); and
• the Commonwealth executive power (section 61).

 

Item 2 - Part 4 of Schedule 1AB (table)

 

This item adds three new table items to Part 4 of Schedule 1AB that establish legislative authority for government spending for certain activities administered by the Department of Education and Training.

 

New table item 115 establishes legislative authority for the Government to provide funding to an organisation to assist that organisation to support Australian school student participation at the International Geography Olympiad (IGO) and Geography's Big Week Out (BWO). 

 

The International Geography Olympiads are held annually under the auspices of the International Geographical Union, a member of the International Council for Science.  The IGO contest comprises a stimulus response test, a multimedia test and a fieldwork exercise incorporating a decision-making task.

 

Australia's team is selected from high achieving students participating in Geography's Big Week Out.  Up to four students and two team leaders travel to the host nation to compete in the IGO.

 

Geography's Big Week Out comprises a week long residential programme of challenging geographical activities for up to sixteen student geographers selected through the National Geographic Channel Australian Geography Competition.  The Big Week Out is hosted by a state or territory each year and targets students from a range of states and territories. 

 

Funding will be provided to support student participation in the IGO and BWO, including meeting student costs for attendance.  Funding will also be provided to assist in organising, promoting and managing the BWO, promoting the IGO and Australia's involvement in the IGO.  The Government has been providing funding for such purposes since around 2005.

 

Funding will be drawn from the Quality Outcomes sub-programme, a discretionary grants programme for initiatives of importance to the Government.  The Minister for Education and Training approves funding allocations under this sub-programme.

 

Funding will be provided in accordance with the Commonwealth Grants Rules and Guidelines, the Department's Secretary Instructions and delegations on the expenditure of relevant monies, in accordance with the Public Governance, Performance and Accountability Act 2013.  Grant guidelines relating to this funding will be available on the Department's website (www.education.gov.au) and will incorporate all relevant information that would ordinarily be contained within grant guidelines.

 

As funding will be targeted, non-competitive, and for a specific purpose, merits review is not applicable.

 

The Quality Outcomes sub-programme comes under Programme 1.3: Early Learning and Schools Support, which is part of Outcome 1: Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality support, parent engagement, quality teaching and learning environments.  Details are set out in the Portfolio Budget Statements 2015-16, Budget Related Paper No. 1.5, Education and Training Portfolio at pages 28 to 30. 

 

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));
• the social welfare power (section 51(xxiiiA)); and
• the Commonwealth executive power (section 61).

 

New table item 116 establishes legislative authority for the Government to provide funding to an organisation in order to provide support for Australia's participation in the World Debating Championships (WDC). 

 

The Australian schools' debating team represents Australia at the WDC where secondary school students compete in national teams for the title of 'world champion'.  The selection of the five members of the Australian schools' debating team occurs at national championships following the completion of preliminary rounds.  Representatives from each state and territory meet to decide the students who will represent Australia at the WDC.  The selected organisation will manage all activities relating to Australia's participation in the WDC, namely, undertaking the team selection of five students to represent Australia; arranging airfares, registration, medical insurance, uniforms and accommodation for the five students and up to three adults to accompany them.

 

Funding will be provided to support Australian school student participation in the WDC, including meeting costs for attendance, participation, and organising and managing selection, of those students for the WDC, and organising and managing Australia's involvement in the WDC.  Funding will also be provided to support teaching, coaching and development programmes in order to foster an understanding of debating techniques for schools and school students.

 

Funding will be drawn from the Quality Outcomes sub-programme, a discretionary grants programme for initiatives of importance to the Government.  The Minister for Education and Training approves funding allocations under this sub-programme.

 

Funding will be provided in accordance with the Commonwealth Grants Rules and Guidelines, the Department's Secretary Instructions and delegations on the expenditure of relevant monies, in accordance with the Public Governance, Performance and Accountability Act 2013.  Grant guidelines relating to this funding will available on the Department's website (www.education.gov.au) and will incorporate all relevant information that would ordinarily be contained within grant guidelines.

 

As funding will be targeted, non-competitive, and for a specific purpose, merits review is not applicable.

 

The Quality Outcomes sub-programme comes under Programme 1.3: Early Learning and Schools Support, which is part of Outcome 1: Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality support, parent engagement, quality teaching and learning environments.  Details are set out in the Portfolio Budget Statements 2015-16, Budget Related Paper No. 1.5, Education and Training Portfolio at pages 28 to 30. 

 

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));
• the social welfare power (section 51(xxiiiA)); and
• the Commonwealth executive power (section 61).

 

New table item 117 establishes legislative authority for the Government to fund the Educating against Domestic Violence initiative. 

 

This initiative, with funding of $5 million, was announced by the Prime Minister, the Hon Malcolm Turnbull MP, and the Minister for Women, Senator the Hon Michaelia Cash, on 24 September 2015 as part of a range of measures to tackle domestic violence set out in the Women's Safety Package to Stop the Violence.

 

Funding will be provided to an organisation (or organisations) to develop online curriculum and teaching resources, and a mobile application, to support Australia-wide education in all years of schooling on respectful relationships countering domestic violence.  The resources will be made available online, most likely on the Safe Schools Hub website at www.safeschoolshub.edu.au, and via a mobile application.  The resources will also further support the implementation of the Australian Curriculum: Health and Physical Education.

 

Decisions around whether this initiative will be conducted via a procurement or grants process, and associated decisions relating to possible grant guidelines and merits review, will be made by the relevant delegate of the Secretary of the Department prior to the initiative being fully implemented in early 2016.  Regardless of whether a procurement or grants process is undertaken, the funding decisions will be made by the relevant delegate of the Secretary of the Department.

 

Funding decisions will be made in accordance with the Commonwealth Procurement Rules where applicable, the Commonwealth Grants Rules and Guidelines where applicable, the Department's Secretary Instructions and delegations on the expenditure of relevant monies, in accordance with the Public Governance, Performance and Accountability Act 2013.  If required, grant guidelines relating to this initiative will be available on the Department's website (www.education.gov.au). 

 

Funding will be drawn from Programme 1.3: Early Learning and Schools Support, which is part of Outcome 1: Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality support, parent engagement, quality teaching and learning environments.  Details for Outcome 1 are set out in the Portfolio Budget Statements 2015-16, Budget Related Paper No. 1.5, Education and Training Portfolio at page 30.

 

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 communications power (section 51(v)), and

•        the external affairs power (section 51(xxix)).

 

 

 

 

 

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 (Education and Training Measures No. 1) Regulation 2015

 

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programmes specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programmes. 

 

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 Regulation amends Schedule 1AB to the FF(SP) Regulations to establish legislative authority for spending by the Government to provide:

*         a grant to the Australian Federation of Ethnic Schools Associations Inc (trading as Community Languages Australia) in order to improve the provision of community languages education to Australian school students;

*         support for Australian school student participation at the International Geography Olympiad and Geography's Big Week Out;

*         support for Australia's participation in the World Debating Championships; and

*         funding for the Educating Against Domestic Violence initiative to develop online curriculum and teaching resources, and a mobile application, to support Australia-wide education in all years of schooling on respectful relationships countering domestic violence.

 

The programmes will be administered by the Department of Education and Training.

 

The initiative for Educating Against Domestic Violence is part of the $100 million Women's Safety Package to Stop the Violence, announced by the Government on 24 September 2015.

 

The items specified in Schedule 1AB are the responsibility of the relevant Minister who has portfolio responsibility for the matters.

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance