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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HEALTH MEASURES NO. 1) REGULATIONS 2017 (F2017L00211)
EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Health Measures No. 1) 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.
Schedule 1 to the Regulations amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on a number of initiatives in the Health portfolio that arise from 2016 election commitments and decisions in the 2016-17 Mid-Year Economic and Fiscal Outlook which was released on 19 December 2016. The initiatives will be administered by the Department of Health.
Funding will be provided for:
* the Royal Flying Doctor Service to deliver rural outreach dental services;
* the Suicide Prevention Research Fund to support a national approach to targeted research that will increase knowledge about the prevention of suicide, including a best practice hub of evidence-based resources to support community-based suicide prevention;
* twelve regional suicide prevention trials to bring together the best evidence-based strategies and models to better target people at risk of suicide and to ensure a more integrated, regional-based approach to suicide prevention;
* the delivery of headspace services, including the establishment of additional headspace centres and regional trials, to improve mental health outcomes for young people aged 12 to 25 years with, or at risk of, mild to moderate mental illness;
* Lifeline Australia to contribute to the design and trial of a text service for crisis support and suicide prevention;
* the Synergy project for the design and trial of new digital technologies for providing services to people with mental health issues; and
* the Digital Mental Health Gateway and the certification framework to maximise use of digital technologies in providing public access to evidence-based information, advice and digital mental health treatment options.
The five mental health care initiatives are part of the Government's announcement in the 2016-17 Mid-Year Economic and Fiscal Outlook of $194.5 million for initiatives to strengthen mental health care in Australia.
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 registration 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 Health.
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 (Health Measures No. 1) Regulations 2017
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 1) Regulations 2017.
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 Schedules to the Regulations.
Schedule 1 - Amendments
Item 1 - In the appropriate position in Part 4 of Schedule 1AB (table)
This item adds seven new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities administered by the Department of Health.
New table item 202 establishes legislative authority for government spending on rural outreach dental services delivered by the Royal Flying Doctor Service (RFDS).
The objective of the activity is to reduce the 'gap' in access to dental services in rural and remote communities, which would otherwise have no access to dental services. The RFDS will provide mobile outreach dental services in areas where there are no private or state/territory government funded public dental services.
The RFDS, a not-for-profit organisation, is a core provider of outreach primary health care services nationally. The Government provides funding to the RFDS under the RFDS Program, which aims to ensure access to essential emergency aeromedical and other primary health care services in rural and remote areas of Australia beyond the normal medical infrastructure in locations of market failure.
The RFDS commenced delivery of mobile outreach dental services in 2012-13 under its own separate arrangements. The Government has not previously funded dental services provided by the RFDS. Funding will expand the delivery of outreach dental services to rural and remote Australians from 1 April 2017 to 31 March 2019.
Funding of $11 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Royal Flying Doctor Dental Services - continued delivery' for a period of two years commencing in 2016-17. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 173.
On 28 June 2016, the then Minister for Rural Health, Senator the Hon Fiona Nash, announced funding of the RFDS dental services as part of the Coalition's election commitment 'Funding Commitment to Royal Flying Doctor Service until 2020'.
Spending decisions for dental services under the RFDS Program will be based on relevant criteria in the Additional Dental Services Grant Guidelines to be approved by the Minister for Health. A departmental official with appropriate financial delegations, as the delegate of the Minister for Health, will approve making payments to the RFDS.
The guidelines for the provision of mobile outreach dental services may be made available on the Department of Health's website at
www.health.gov.au/internet/main/publishing.nsf/Content/royal-flying-doctor-service-programme.
The decision to award funding to the RFDS will be published on the Department of Health's website at http://www.health.gov.au/internet/main/publishing.nsf/Content/GSD-healthgrants-senateorder14-MinchinMotion.
Further information about the RFDS Program can be found on the Department of Health's website at www.health.gov.au/internet/main/publishing.nsf/Content/royal-flying-doctor-service-program.
The provision of funds to the RFDS to continue and expand its current mobile dental outreach services is not considered suitable for independent merits review because it is of a short-term, time-limited and one-off nature of a small scale.
The RFDS is highly experienced in delivering essential fly-in and fly-out primary health care services in rural and remote Australia. The RFDS also has the capital infrastructure required to continue to deliver its current dental services and expand its dental service footprint to meet the Government's objective.
The RFDS, as the single grant recipient, is required to have in place service planning arrangements approved by the Government to ensure that current services continue and new services are prioritised in areas of most need within agreed timeframes. The RFDS, funded under direct funding arrangements, is the only provider of mobile outreach dental services nationally which has the capacity to meet this need.
To reconsider this decision under merits review would substantially delay implementation of the activity in a market environment where there are no alternative providers with similar capacity to increase access to dental services in rural and remote areas nationally.
Funding for this item will come from Program 2.3: Health Workforce, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 17.
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 social welfare power (section 51(xxiiiA));
* the external affairs power (section 51(xxix)); and
* the territories power (section 122).
New table item 203 establishes legislative authority for government spending on the Suicide Prevention Research Fund.
The Fund will support a national approach to targeted research that will increase knowledge about the prevention of suicide, including a best practice hub of evidence-based resources to support community-based suicide prevention.
The Fund will provide a clear national mechanism for setting suicide prevention research priorities and ensure research is aligned with national and state-based suicide prevention policies. It takes into account the challenges faced by service providers, frontline practitioners and communities.
The Fund will ensure there is a single large-scale effort dedicated to suicide prevention research. Research into potential prevention programs, the efficacy of clinical interventions (including treatment for mental illness) as well as investigation of potential and existing models of system design and service delivery will lead to more effective evidence-based service delivery.
A single organisation will be funded to administer the Fund and establish a best practice hub of resources. A key role of the funded organisation will be to establish a governance framework and principles to oversee the disbursement of research grants including financial and risk management and structures to manage probity, conflicts of interest and ethics protocols. It is envisaged that the government funding will be used to leverage further investment in the Fund from the corporate sector, philanthropic and community organisations and individual donations.
As issues to be addressed by the research will be of national significance, the funded organisation will be required to engage with key government-funded research entities to ensure there are complementary research priorities, research grant assessment processes and disbursement arrangements. The organisation will also be required to consult with Primary Health Networks in regard to the design and functionality of the best practice hub and to set aside funds for an independent evaluation of the hub.
Funding of $12 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Strengthening Mental Health Care in Australia' for a period of four years commencing in 2016-17. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 175.
The Fund is part of the Coalition's election commitment 'Strengthen Mental Health Care in Australia' released on 26 June 2016 which is available at https://www.liberal.org.au/coalitions-policy-strengthen-mental-health-care-australia.
Funding will be provided to a single organisation that is independent of the conduct of research and has demonstrated experience working with the suicide prevention sector in Australia to administer the Fund and establish a best practice hub of resources.
A direct sourcing or limited tender grant process will be used to select a Fund Administrator to perform this role, given the specific expertise required. The organisation will be precluded from participating in any of the funded research.
The selected organisation is expected to establish a governance framework and principles to oversee the selection and disbursement of grants and to appoint a clinical and expert advisory committee comprising researchers, health and other service providers, people with lived experience of suicide and policy experts to conduct consultation, develop suicide prevention research priorities and criteria and review grant applications. This organisation will be the decision-maker for the disbursement of research grants based on recommendations for funding from the advisory committee. The organisation will also be responsible for the development of a communication strategy for the dissemination of research findings.
The program guidelines will outline the objectives and outcomes of the Commonwealth investment in the Fund, deliverables and the approach to market selection process. The ongoing assessment of the success of the Fund will be undertaken through performance monitoring and measures that will form part of the funding agreement with the successful organisation. The guidelines will be published on the Department of Health's website at http://www.health.gov.au/.
Decisions both in relation to the choice of the Fund Administrator and the disbursement of funding for research grants by the selected organisation will be made in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines.
It is anticipated that the grants selection process will be finalised prior to June 2017, with funding commencing in 2016-17.
Selection of the Fund Administrator will be approved by the First Assistant Secretary of the Health Services Division, as the delegate of the Secretary of the Department of Health. Further details of the Fund will be made available on the Department of Health's website at http://www.health.gov.au/.
All spending decisions will adhere to the Commonwealth Grants Rules and Guidelines available at https://www.finance.gov.au/resource-management/grants/. Relevant details of the Department of Health's funding agreements and contracts for services are published in the Annual Report available at http://www.health.gov.au/.
Information on individual grants will be reported no later than 14 working days after the grant takes effect at http://www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting.
The selection of a single organisation to manage and administer the Fund will be targeted, non-competitive, and for a specific purpose. Therefore, merits review is not applicable.
The decisions both in relation to the choice of the Fund Administrator and disbursement of grant funds are not considered suitable for independent merits review because they are of a short-term, time-limited and one-off nature of a small scale. To reconsider decisions under merits review would substantially delay the research which will support the work of Primary Health Networks and others involved in community-based suicide prevention.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 38.
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));
* the defence power (section 51(vi));
* the races power (section 51(xxvi));
* the external affairs power (section 51(xxix)); and
* the territories power (section 122).
New table item 204 establishes legislative authority for government spending on twelve regional suicide prevention trials of system-based approaches to suicide prevention for populations at risk of suicide.
The suicide prevention trials will consist of six stages: selection of trial sites; local planning and community engagement; implementation of trial activities including commissioning of suicide prevention services; information collection; evaluation; and dissemination of learnings and findings.
The twelve trial sites are: Brisbane North; North Coast NSW; North Western Melbourne; Perth South; Townsville; the Kimberley; Tasmania; country SA; Darwin, NT; Western NSW; Central Queensland, Wide Bay, Sunshine Coast; and Mid-West region in country WA.
The suicide prevention trials will be led by Primary Health Networks (PHNs). The trials will test models of system-based suicide prevention and regional development; build partnerships with Local Hospital Networks, Indigenous organisations and other local service providers; model approaches to follow-up care for individuals who have attempted suicide; and adopt new digital technologies to assist in crisis support, clinical intervention and ongoing support for individuals.
Implementation of the trials will improve understanding of the challenges and enable development of evidence-based strategies and models which can be applied nationwide across all PHNs to better target people at risk of suicide and to ensure a more integrated, regional-based approach to suicide prevention.
Funding of $34 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Strengthening Mental Health Care in Australia' for a period of three years commencing in 2016-17. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 175.
The suicide prevention trials are part of the Coalition's election commitment 'Strengthen Mental Health Care in Australia' released on 26 June 2016 which is available at https://www.liberal.org.au/coalitions-policy-strengthen-mental-health-care-australia.
Funding for the suicide prevention trials will be provided to PHNs through a variation to the existing mental health funding schedules with the Department of Health, approved by the First Assistant Secretary of the Health Services Division, as the delegate of the Secretary of the Department of Health.
Grant guidelines are in place for funding to PHNs and are available at http://www.health.gov.au/internet/main/publishing.nsf/Content/PHN-Program_Guidelines. No changes are required to these guidelines.
Relevant details of the Department of Health's funding agreements and contracts for services are published in the Annual Report, available at http://www.health.gov.au/. Information on individual grants will be reported no later than 14 working days after the grant takes effect at http://www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting.
As funding is targeted, non-competitive, and for a specific purpose, merits review is not applicable.
The Australian Government has funded PHNs to plan, commission and integrate mental health and suicide prevention services at a regional level to improve outcomes for people with, or at risk of, mental illness and to ensure appropriate follow-up and support arrangements are in place at a regional level for individuals after a suicide attempt and for other people at high risk of suicide.
The decisions regarding the PHN regions for the suicide prevention trial sites are not considered suitable for independent merits review because the trials are of a short-term, time-limited and one-off nature of a small scale. The decisions have also been based on a number of factors including:
* the PHN regions and/or sub-regions that have very high suicide death rates and have continued to have these over a significant period;
* the areas that have sufficient population and urban centres with infrastructure to support the trial activity, specifically a system-based approach to suicide prevention; and
* the areas that complement and do not duplicate other regions involved in other trial activity.
To reconsider this decision under merits review would substantially delay undertaking suicide prevention trial site activities which will support the work of PHNs and others involved in community-based suicide prevention.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 38.
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));
* the defence power (section 51(vi));
* the social welfare power (section 51(xxiiiA));
* the races power (section 51(xxvi));
* the external affairs power (section 51(xxix)); and
* the territories power (section 122).
New table item 205 establishes legislative authority for government spending on the delivery of headspace services.
The headspace network has been established since 2006 with 100 headspace centres announced to date. The headspace centres aim to improve mental health outcomes for young people aged 12 to 25 years with, or at risk of, mild to moderate mental illness by reducing help-seeking barriers and facilitating early access to services that meet the holistic needs of young people. The establishment of ten additional headspace services will increase access to mental health services for young people in Australia.
Funding will be provided to support the delivery of headspace services via the existing network of headspace centres and the establishment of additional headspace centres and regional trials. Trial approaches may include the establishment of satellite centres that have an existing centre as their base; outreach services from existing centres that may involve staff travelling to another community location to treat patients or run group sessions; and other activities such as mobile units and the use of digital technology.
The headspace centres are funded to be highly accessible, youth-friendly, integrated service hubs that respond to mental health, general health, alcohol and other drug and vocational concerns of young people. The service is based on a local consortium/partnership model which seeks to draw together existing local service capacity as well as create additional capacity through use of the headspace centre funding.
PHNs commission lead agencies to deliver services through headspace centres. Funding for the additional headspace services and regional trials will be provided via PHNs to lead agencies through a variation to existing funding agreements.
The ongoing funding for the new headspace centres will be used by PHNs for site selection, negotiating contracts, securing leases and building fitouts. Following establishment of the services, ongoing funding will be used for operational costs and service delivery. The non-ongoing trial funding may be used in a similar way to establish satellite centres but may also be used for workforce, transport and information technology.
Where appropriate, regional trials will commence in 2017-18 for two years to expand existing headspace services, particularly in regional and remote areas, using regional approaches such as satellite centres, outreach services and other activities.
Location of the new headspace centres and regional trials will be decided by the Minister for Health, in consultation with the Minister for Regional Development. These decisions will be informed by national modelling data and consultation with PHNs and other stakeholders regarding the need, benefit to regional and rural communities, and supporting infrastructure. The selection of additional sites will give priority to rural and regional areas experiencing social disadvantage or where factors indicate a high need for improved youth mental health services.
Consultations will be undertaken with states and territories, PHNs and headspace National Office to incorporate specific information about community needs, existing supporting infrastructure and other state and territory planned investments that might impact on new headspace sites and timing of their establishment. The location of the headspace centres will be determined in early 2017, with the aim for the headspace centres to be established and providing services by mid-2019.
Funding of $28.9 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Strengthening Mental Health Care in Australia' for a period of three years commencing in 2017-18. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 175.
Funding for new headspace centres and an expansion of existing headspace services using innovative approaches is part of the Coalition's election commitment 'Strengthen Mental Health Care in Australia' released on 26 June 2016 which is available at https://www.liberal.org.au/coalitions-policy-strengthen-mental-health-care-australia.
Spending decisions for headspace services will be made by PHNs and lead agencies operating headspace centres.
The PHNs are funded by the Government under an existing grant process to commission services including headspace services. The relevant PHN funding agreements will be varied to include the additional headspace services in accordance with the Commonwealth Grants Rules and Guidelines. Funding will be approved by the First Assistant Secretary of the Health Services Division, as the delegate of the Secretary of the Department of Health.
The PHN Grant Program guidelines are available at http://www.health.gov.au/internet/main/publishing.nsf/Content/PHN-Program_Guidelines. No changes are required to these guidelines.
As funding is targeted, non-competitive, and for a specific purpose, merits review is not applicable.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 38.
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));
* the census and statistics power (section 51 (xi));
* the social welfare power (section 51 (xxiiiA));
* the external affairs power (section 51(xxix)); and
* the territories power (section 122).
New table item 206 establishes legislative authority for government spending on the Lifeline Australia text service.
Funding will be provided to Lifeline Australia to contribute to the design and trial of a text service for crisis support and suicide prevention which will leverage Lifeline Australia's experience in telephone crisis support. This text service would be the first of its kind delivered in Australia and would draw on international experiences where such services have previously been developed.
Funding of $2.5 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Strengthening Mental Health Care in Australia' for a period of two years commencing in 2016-17. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 175.
Funding to Lifeline Australia to design and trial a new crisis support service is part of the Coalition's election commitment 'Strengthen Mental Health Care in Australia' released on 26 June 2016 which is available at https://www.liberal.org.au/coalitions-policy-strengthen-mental-health-care-australia.
Grant funding is proposed to be provided to Lifeline Australia through a direct approach. The Department of Health will manage the grant funding arrangements and oversight of the activity.
Grant funding will be approved by the delegate of the Secretary of the Department of Health. The decision to award a grant will be published at www.health.gov.au. Existing program guidelines for the Council of Australian Governments' Telephone Counselling, Self Help and Web-Based Support Programs are currently being updated to reflect the inclusion of funding to Lifeline Australia.
The activity will be subject to regular performance reporting to the Department of Health. It will also be subject to independent evaluation of outcomes prior to completion.
As funding is targeted, non-competitive, and for a specific purpose, merits review is not applicable. Grant funding will be offered to Lifeline Australia once a detailed proposal is submitted and overall merits of the trial are assessed, including value for money. Lifeline Australia is an existing recipient of Commonwealth funding, meeting its funding requirements and delivering value for money outcomes. Lifeline Australia is considered a suitable entity with which to enter into a new agreement.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 38.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the communications power (section 51(v)) of the Constitution.
New table item 207 establishes legislative authority for government spending on the design and trial of new digital technologies for providing services to people with mental health issues.
Funding will be provided for the Synergy project (Synergy) which is administered by the University of Sydney. Synergy is an online system of care that embeds technology in Australia's youth mental health services. The combination of online support and underpinning technology enables technologies to interact and be used by young people to manage their own wellbeing and mental health. The current Synergy trials have provided a proof of concept for an information technology system that addresses young people's mental health needs.
Under a new grant funding agreement, Synergy will continue to develop trials to support its integration with the new Digital Mental Health Gateway (the Gateway) and support and test capability at a national level, including its capacity to integrate a range of digital mental health services. Synergy will partner with a broad range of mental health service providers and their users to co-design technology-based solutions for service specific issues, and to increase access to and quality of service provision.
Implementing Synergy in a broader range of settings with a broader range of target groups and aligning it with the Gateway, while building on the existing Synergy project, would bring the best new digital mental health services to the most vulnerable communities, including youth, veterans and people at risk of suicide. This will be achieved by: co-investing with non-government organisations, private, technical, telecommunication and academic partners; co-designing technical and operating standards with digital mental health services to allow delivery of integrated services within a digital ecosystem; establishing an evidence base for new digital technologies through regional trials; and publishing source code (including interface specifications and data schemas) to be re-used by other digital mental health services.
As veterans are a key target population for this project, it will be developed in consultation with the Department of Veterans' Affairs.
Funding of $30 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Strengthening Mental Health Care in Australia' for a period of three years commencing in 2016-17. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 175.
Funding to continue and expand Synergy trials is part of the Coalition's election commitment 'Strengthen Mental Health Care in Australia' released on 26 June 2016 which is available at https://www.liberal.org.au/coalitions-policy-strengthen-mental-health-care-australia.
Grant funding is proposed to be provided for the Synergy project through a direct approach. The funding announced as part of the 2016-17 Mid-Year Economic and Fiscal Outlook is reliant on continuing the project with the same project administrator. A detailed proposal will be sought to assess overall merits of the project and its value for money before grant funding is offered. The Department of Health will manage the grant funding arrangements and oversight of the activity, in consultation with the Department of Veterans' Affairs.
Grant funding will be approved by the delegate of the Secretary of the Department of Health. The decision to award a grant will be published at www.health.gov.au. Existing program guidelines for the Council of Australian Governments' Telephone Counselling, Self Help and Web-Based Support Programs are currently being updated to reflect the inclusion of funding for the Synergy project.
The activity will be subject to regular performance reporting to the Department of Health. It will also be subject to independent evaluation of outcomes prior to completion.
As funding is targeted, non-competitive, and for a specific purpose, merits review is not applicable.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 38.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the communications power (section 51(v)) of the Constitution.
New table item 208 establishes legislative authority for government spending on the ongoing operation of the Digital Mental Health Gateway (the Gateway) and development of a certification framework for digital mental health services.
The Gateway will maximise use of digital technologies, providing a multichannel platform (web, social media, and telephone) enabling the general community, people with lived experience of mental illness, people who support those with lived experience of mental illness including carers, digital mental health services, and health professionals to access evidence-based information, advice and digital mental health treatment options that meet a minimum quality standard. The Gateway is expected to be released in 2017.
The initial release of the Gateway is expected to include:
* a new website of professionally-curated, evidence-based information and advice;
* a decision support tool designed to assist users in finding tailored information and/or services that will meet their needs; and
* an aggregated view of digital mental health (and other) services presented in an interactive service finder.
Future enhancements of the Gateway are expected to introduce real-time support through the establishment of a contact centre to provide assistance to end users via telephone.
The certification framework will enable the certification of digital mental health services primarily to inform which digital mental health services should be listed on the Gateway and to assist in ensuring there is community confidence in selecting from the range of digital mental health services available within Australia.
By ensuring digital mental health services adhere to standards related to evidence, usability, quality, safety and outcomes evaluation/measurement, the certification framework will help build trust in digital mental health services as an effective alternative (or complement) to face-to-face services and treatments. The certification framework is fundamental to establishing the Gateway as a trusted authority on digital mental health services. In the future, the Gateway service catalogue will be expanded to include all digital mental health services certified under the framework.
The development of the certification framework will involve engaging an organisation to develop standards that digital mental health services will need to meet to be able to be listed on the Gateway, establish governance and processes, as well as develop a website to support the certification process for rollout in late 2017.
Funding of $2.5 million was included in the 2016-17 Mid-Year Economic and Fiscal Outlook as part of the measure 'Digital Mental Health Gateway - development of a second pass business case'. Measure details are set out in Appendix A: Policy decisions taken since the 2016 PEFO at page 165.
The Gateway is part of the Government's response to Contributing Lives, Thriving Communities - Review of Mental Health Programs and Services which was released by the Prime Minister, the Hon Malcolm Turnbull MP, and the then Minister for Health, the Hon Sussan Ley MP, on 26 November 2015 (available at http://www.health.gov.au/internet/ministers/publishing.nsf/Content/health-mediarel-yr2015-ley151126.htm).
Departmental officials, as delegates of the Secretary of the Department of Health, will make spending decisions relating to the development and implementation of the Gateway.
In September 2016, the Department of Health approached the market via the newly established Digital Transformation Agency's Digital Services Panel for a digital provider to develop and operate the Gateway's online channels (website and social media). Speedwell Pty Ltd, in partnership with Liquid Interactive, has been selected as the successful provider. The early focus of this engagement has been on stakeholder engagement activities to inform the development of the Gateway.
An approach to the market to secure the services of a contact centre operator to manage the Gateway's telephone channel is expected to be conducted by Healthdirect Australia in 2017. Gateway users will be able to interact in real time with trained contact centre agents who can provide guidance on using the Gateway's features. Agents will be contactable by web chat and telephone.
The procurement process for development of the certification framework will be undertaken in early 2017. A procurement funding plan will be developed for the approach to market. The plan will provide details on how to apply and how to address conflicts of interest, and will include a probity plan and processes for informing unsuccessful applicants, including feedback on an application where required. Details of the resultant contract will be published on the AusTender website at https://www.tenders.gov.au. Following the assessment of applications in accordance with the funding plan, a recommendation will be made to the Assistant Secretary of the Mental Health Services Branch, as a delegate of the Secretary of the Department of Health, seeking agreement to engage the preferred applicant through a contract.
All spending decisions adhere to the Commonwealth Procurement Rules (CPRs) and applicable legislative requirements of the Public Governance, Performance and Accountability Act 2013.
In accordance with the CPRs, the Department of Health will report the contract and, where necessary, any amendments to the contract on AusTender at https://www.tenders.gov.au within 42 days of entering into (or amending) a contract with a value at or above the reporting threshold (currently $10,000).
Relevant details of the Department of Health's funding agreements and contracts for services are published in the Annual Report, available at http://www.health.gov.au/.
The engagement of contractors or consultants to deliver any aspect of the Gateway will be undertaken in accordance with the CPRs and will be subject to relevant merit review procedures, which include an assessment of the value of the proposal as well as its value for money. Tender specifications released to the market in relation to the Gateway activities (for example, development of the certification framework) will outline the assessment and complaints handling processes. A departmental tender evaluation committee will review and assess all tenders in accordance with a tender evaluation plan which will be developed in line with the CPRs.
Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2: Health Access and Support Services, as set out in the Portfolio Additional Estimates Statements 2016-17, Health Portfolio at page 38.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the communications power (section 51(v)) of the Constitution.
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 (Health Measures No. 1) 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.
Schedule 1 to the Regulations amends Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on a number of initiatives in the Health portfolio that arise from 2016 election commitments and decisions in the 2016-17 Mid-Year Economic and Fiscal Outlook which was released on 19 December 2016. The initiatives will be administered by the Department of Health.
Funding will be provided for:
* the Royal Flying Doctor Service to deliver rural outreach dental services;
* the Suicide Prevention Research Fund to support a national approach to targeted research that will increase knowledge about the prevention of suicide, including a best practice hub of evidence-based resources to support community-based suicide prevention;
* twelve regional suicide prevention trials to bring together the best evidence-based strategies and models to better target people at risk of suicide and to ensure a more integrated, regional-based approach to suicide prevention;
* the delivery of headspace services, including the establishment of additional headspace centres and regional trials, to improve mental health outcomes for young people aged 12 to 25 years with, or at risk of, mild to moderate mental illness;
* Lifeline Australia to contribute to the design and trial of a text service for crisis support and suicide prevention:
* the Synergy project for the design and trial of new digital technologies for providing services to people with mental health issues; and
* the Digital Mental Health Gateway and the certification framework to maximise use of digital technologies in providing public access to evidence-based information, advice and digital mental health treatment options.
The Minister for Health has portfolio responsibility for these matters.
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
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