FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (EDUCATION AND TRAINING MEASURES NO. 5) REGULATIONS 2017 (F2017L01489) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (EDUCATION AND TRAINING MEASURES NO. 5) REGULATIONS 2017 (F2017L01489)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Education and Training Measures No. 5) Regulations 2017

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies.  The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations).  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

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations.  Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations.  Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs. 

 

The Regulations amend Schedule 1AB to the Principal Regulations to establish legislative authority for the Government to provide a grant of financial assistance to the Tasmanian Government to support certain school education programs and policy development for both government and non-government schools located in Tasmania.  The funding will primarily support specialist literacy and numeracy school education programs in both government and non-government schools under Tasmania's literacy and numeracy framework.

 

Funding of $20 million over 10 years will be provided for this initiative which will be administered by the Department of Education and Training.

 

Details of the Regulations are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.  The Regulations commence on the day after the instrument is registered on the Federal Register of Legislation. 

 


 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Education and Training.

 

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

 

 

 


Details of the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 5) Regulations 2017

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 5) Regulations 2017.

 

Section 2 - Commencement

 

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

 

Section 3 - Authority

 

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

 

Section 4 - Schedules

 

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

 

Schedule 1 - Amendments

 

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

 

This item adds a new table item to Part 2 of Schedule 1AB to establish legislative authority for government spending on an activity that will be administered by the Department of Education and Training.

 

New table item 9 establishes legislative authority for the Australian Government to provide a grant of financial assistance to the State of Tasmania in order to support certain school education programs and policy development for both government and non-government schools located in Tasmania.

 

The Government has committed to provide $20 million in funding over 10 years from 2017-18 ($2 million per calendar year) to the State of Tasmania as part of the Quality Schools package.

 

On 23 June 2017, amendments to the Australian Education Act 2013 were passed by the Federal Parliament to give effect to the Government's Quality Schools package.  The Quality Schools package ensures Commonwealth financial assistance for schools will be tied to reforms to support better outcomes for students.  The package will deliver an additional $23.4 billion in financial assistance, on top of the 2016-17 Budget, for Australian schools over the next 10 years.  This brings total Commonwealth financial assistance for schools to $247.2 billion over that period.  The $20 million in funding to Tasmania is in addition to this amount.

 

Under the Quality Schools package, for the first time, Commonwealth schools funding will be calculated based on school and student need.  Commonwealth schools funding will apply the Schooling Resource Standard that provides a base amount per student and additional funding for disadvantage as recommended by the 2011 Review of Funding for Schooling, chaired by Mr David Gonski AC.  The package will also establish a new National School Resourcing Board to review the schools funding model and assess compliance with conditions attached to Commonwealth financial assistance for schools. 

 

The funding of $20 million to the State of Tasmania will be provided and managed through a grant agreement between the Department and the Tasmanian Government.  The funding will, primarily, support specialist literacy and numeracy school education programs in both government and non-government schools under Tasmania's literacy and numeracy framework.

 

A grant agreement will be negotiated with the Tasmanian Government, specifying the agreed scope, management, deliverables, payments, and approach to implementation of the grant funding.  A delegate of the Secretary of the Department, authorised by the financial delegations of the Secretary, will be responsible for entering into the grant agreement.

 

Details of the delivery of specialist literacy and numeracy support in Tasmanian schools will be agreed between the Department and the Tasmanian Government through development of a project proposal and the resulting grant agreement.  This will include how any funding provided to the Tasmanian Government may be provided to individual schools.  Negotiation of the grant agreement with the Tasmanian Government is underway.  The Tasmanian Government will be required to report back annually to the Department.  

 

Funding will be expended in accordance with the Department's Secretary’s instructions and delegations on expenditure of relevant monies, and in accordance with the Public Governance, Performance and Accountability Act 2013.

 

Funding will come from Program 1.7: Early Learning and Schools Support, which is part of Outcome 1.  Details will be set out in the Portfolio Additional Estimates Statements 2017-18, Education and Training Portfolio.

 

External merits review will not be available for the funding to the Tasmanian Government as it will be provided as a non-competitive grant directed to a State to meet an Australian Government commitment.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the Commonwealth's power to grant financial assistance to States (section 96 of the Constitution).

 

With respect to the Commonwealth's power under section 96 of the Constitution to grant financial assistance to States, this item provides for the Commonwealth to make grants directly to a State for the purpose of supporting school education programs and initiatives.

 

 

 


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. 5) Regulations 2017

 

These Regulations are 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 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 Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the Government to provide a grant of financial assistance to the State of Tasmania to support certain school education programs and policy development for both government and non-government schools located in Tasmania.  The funding will primarily support specialist literacy and numeracy school education programs in both government and non-government schools under Tasmania's literacy and numeracy framework.

 

The Minister for Education and Training has responsibility for this matter.  The funding will be administered by the Department of Education and Training.

 

Human rights implications

 

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

These Regulations are compatible with human rights as they do not raise any human rights issues.

 

 

Senator the Hon Mathias Cormann

Minister for Finance

 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback