Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 5) Regulations 2018
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 5) 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 - Part 4 of Schedule 1AB (table item 179, column headed "Objective(s)",
after paragraph (a) (first occurring))
Item 2 - Part 4 of Schedule 1AB (table item 179, column headed "Objective(s)",
after paragraph (f))
Existing table item 179 in Part 4 of Schedule 1AB establishes legislative authority for government spending on the Drug and Alcohol Program (the Program).
The Program is designed to assist organisations to support the prevention of substance misuse and other national activities under the National Drug Strategy. Funding is also provided for alcohol-related harm prevention activities as well as alcohol treatment service provision activities under the Program. The Program's primary objective is to support the prevention of substance misuse and to promote service improvement within the drug and alcohol and related sectors.
Items 1 and 2 amend table item 179 to establish legislative authority for government funding to support activities for Fetal Alcohol Spectrum Disorder (FASD) under the existing Program, which will align with the priority areas outlined in the FASD Strategic Action Plan launched in November 2018. The four key priority areas of the National FASD Strategic Action Plan are: prevention; screening and diagnosis; management and support; and priority groups. Specific activities include the development of resources for workforce and educational settings and an early childhood identification tool. Funding will also be provided for FASD initiatives and activities to reduce the prevalence of FASD and the associated health, social and economic costs, and inequalities that it causes.
FASD has lifelong consequences and can lead to significant secondary impairments such as academic failure, substance misuse, mental health issues, difficulties living independently, problems obtaining and maintaining employment and early contact with the justice system. Individuals with FASD have a shortened lifespan with an average life expectancy of only 34 years of age. FASD results in a broad range of costs to those with the condition, their families and carers, and to the community. These costs include health care and accommodation, education, employment support services, income support, community and justice services.
The prevalence of FASD in Australia is difficult to determine due to several factors including lack of routine assessment and screening for maternal alcohol use and FASD, a lack of national diagnostic criteria until recently, insufficient data collection and a lack of awareness of the full spectrum of disorders in FASD. It has been estimated that as many as two per cent of all Australian babies may be born with some form of FASD.
Funding would be provided to support existing programs, to expand successful projects, and to support new activities. The programs will have an impact across Australia, but in particular known high-risk population groups including Aboriginal and Torres Strait Islander people, people in rural and regional areas, children and adults who have FASD and their families and carers.
Activities would include the development of various resources targeted to people with FASD, also those who work with and care for people with FASD in a wide range of settings. Resources will aim to increase awareness of FASD, but also to educate people and provide information to teachers and support staff dealing with students with FASD, and also staff in other workforce settings which aim to help people with FASD obtain and maintain employment. Resources will address stereotypes and prejudices and outline best practice relating to people with FASD. Activities will include the review and dissemination of the FASD Diagnostic Tool to ensure alignment with international best practice, as well as the development of a guide to assist early childhood workers identify when a child may require referral to appropriate diagnostic services.
Activities will also include initiatives related to prevention, screening and diagnosis and support and management of people with, and those caring for people with, FASD.
The Department of Health will run procurement and/or grant processes to engage suitably qualified service providers to deliver FASD programs and activities. The processes will take into consideration the prospective service providers' understanding of the FASD sector and its needs. Each process may be a limited or direct approach, depending on the specific nature of the activity.
The selection criteria, against which applications from prospective service providers will be assessed, will be published in the program guidelines and procurement/grant documentation. Applications from prospective service providers will be assessed by experienced departmental officials.
Processes will be run in accordance with the Commonwealth Grants Rules and Guidelines 2017 and the Commonwealth Procurement Rules. Where appropriate, funding opportunities will be publicised via GrantConnect (www.grants.gov.au) and AusTender (www.tenders.gov.au) and will be reported in accordance with relevant Senate Orders.
Decisions in connection with the procurement/grant process will be made by a delegate of the Minister for Health (an official of the Department of Health) in accordance with the Public Governance, Performance and Accountability Act 2013. Information about successful grants and tenders will be published on GrantConnect and AusTender.
The provision of funds to a third party to provide FASD activities in accordance with grant documentation is not considered suitable for independent review because of the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. A review may impact an allocation already made to another party. In the case of procurement, where the process is in accordance with all procurement documentation and the requirements of the Commonwealth's resource management framework, the decision of the Minister's delegate will be considered final in all matters and reviews will not be undertaken.
Funding of $7.4 million over four years commencing in 2019-20 will be provided for the FASD initiatives. Funding will be provided from Outcome 2, Program 2.4 - Preventive Health and Chronic Disease Support, Priority 23 - Drug and Alcohol Programs. Details will be included in the 2018-19 Mid-Year Economic and Fiscal Outlook.
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 aliens power (section 51(xix));
* the social welfare power (section 51(xxiiiA));
* the races power (section 51(xxvi));
* the immigration power (section 51(xxvii));
* the external affairs power (section 51(xxix));
* the territories power (section 122); and
* the power to grant financial assistance to the states (section 96).
Communications power
Section 51(v) of the Constitution empowers, the Parliament to make laws with respect to 'postal, telegraphic, telephonic, and other like services'.
Funding will be provided to support activities that involve the development and dissemination of information via a relevant communication service. This may include the development and delivery of educational and training materials and specific resources, such as, the NHMRC Guidelines to Reduce the Risk of Harm from Drinking Alcohol (the Guidelines) which may be promoted via radio, television, the internet or email. The FASD Hub, the Pregnant Pause campaign and the Women Want to Know program will also provide an avenue for making FASD resources available online.
The FASD Hub is an online central repository for all information, tools, resources and consumer support on FASD as well as offering resources for a range of professionals which will support their knowledge and understanding of FASD and how to work effectively with individuals affected by FASD.
The Pregnant Pause campaign encourages Australians to pledge their support through registering to go alcohol free during their pregnancy, or the pregnancy of their partner, family member, friend or loved one. People 'sign up' to the campaign and register online to go alcohol free for the duration of the pregnancy (be it their own or someone else's).
The Women Want to Know program encourages health professionals to routinely discuss alcohol and pregnancy with women. It includes a range of resources for health professionals and online training modules which are available online through three of the professional colleges (Australian College of Midwives, Royal Australian College of General Practitioners and Royal Australian and New Zealand College of Obstetricians and Gynaecologists). Completion of these training modules qualifies respondents to gain continuing education points.
Census and statistics power
Section 51(xi) of the Constitution empowers the Parliament to make laws with respect to 'census and statistics'.
Funding will be provided for the ongoing development and maintenance of the FASD Australian Register to collect information for statistical purposes. This will ensure that the prevalence of FASD in Australia can be monitored over time.
Aliens power
Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to 'naturalization and aliens'.
Funding will be provided for reviewing and updating existing best practice resources to ensure that they are culturally appropriate and adaptable, including for immigrants. For example, funding will be provided for the translation of the Guidelines for non-English speaking people.
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 races power supports legislation with respect to Indigenous Australians.
Where appropriate, funding will be targeted at revising and developing resources that are tailored to meet the needs of particular high-risk groups, including Aboriginal and Torres Strait Islander people.
Immigration power
Section 51(xxvii) empowers the Parliament to make laws with respect to 'immigration and emigration'.
Funding will be provided for reviewing and updating existing best practice resources to ensure that they are culturally appropriate and adaptable to specific local contexts. For example, funding will be provided for the translation of the Guidelines for non-English speaking people.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's obligations under treaties to which it is a party.
Australia is a party to the International Covenant on Economic, Social and Cultural Rights [1976] ATS 5 (ICESCR). Article 12(1) of the ICESCR recognises the 'right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. Article 2 requires each State Party to 'take steps ... to the maximum of its available resources, with a view to achieving progressively the full realization of this right by all appropriate means, including particularly the adoption of legislative measures'. The steps to be taken by State Parties to achieve full realisation of the right to health are specified in Article 12(2) and include:
* 'the provision for the reduction of the still-birth rate and of infant mortality and for the healthy development of the child' (Article 12(2)(a)); and
* 'the prevention, treatment and control of epidemic, endemic, occupational and other diseases' (Article 12(2)(c)).
Funding will be directed to improving the ability of health professionals to provide high quality care to pregnant women and to promote the healthy development of children, including through better access to information and revised guidelines.
Funding would be provided to the National Organisation for Fetal Alcohol Spectrum Disorder Australia to assist with national and community activities for International FASD Awareness Day which aims to increase awareness of FASD, highlighting the potential risks of drinking while pregnant.
DrinkWise activities would include point-of-sale material highlighting risks associated with drinking alcohol whilst pregnant. Additionally, a contribution could be made to DrinkWise's existing FASD awareness program which is currently being rolled out through multiple mediums including their Red Dust Role Models program which targets school aged Aboriginal and Torres Strait Islander populations.
Pregnant Pause aims to increase awareness and make it easier for mothers-to-be by building a strong support system that helps families achieve an alcohol-free pregnancy together.
Australia is a party to the Convention on the Rights of Persons with Disabilities [2008] ATS 12 (CRPD). Article 1 provides that the phrase 'persons with disabilities' includes those 'who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others'. In particular, the CRPD requires State Parties to:
* 'ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities,' including '[t]o adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the ... Convention' (Article 4(1)(a));
* 'undertake to adopt immediate, effective and appropriate measures to raise awareness throughout society regarding persons with disabilities; to combat stereotypes, prejudices and harmful practices relating to persons with disabilities; and to promote an awareness of the capabilities and contribution of persons with disabilities,' including 'initiating and maintaining effective public awareness campaigns designed to promote positive perceptions and greater social awareness towards persons with disabilities' (Article 8(1) and Article (2)(a)(ii));
* 'ensure an inclusive education system at all levels and lifelong learning'
(Article 24(1));
* '[p]rovide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimise and prevent further disabilities' (Article 25(b)); and
* 'safeguard and promote the realization of the right to work' by taking various 'appropriate steps', including by '[p]romot[ing] employment opportunities and career advancement for persons with disabilities in the labour market, as well as in assistance in finding, obtaining, maintaining, and returning to employment' (Article 27(1)(e)).
Funding will be provided to develop the FASD diagnostic tool to ensure that persons with FASD are identified at an early stage and receive appropriate intervention. Funding will also be provided to develop a range of resources for use across the workforce on how to support people with FASD in obtaining and maintaining employment. The resources will seek to address stereotypes and prejudices associated with FASD.
The resources for teachers and support staff will be aimed at raising awareness of FASD
and providing information for teachers and support staff on teaching and mentoring students and young people with FASD.
Australia is a party to the Convention on the Rights of the Child [1991] ATS 4 (CRC).
Article 4 of the CRC requires States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised by the Convention. In particular, the CRC requires States Parties to:
* 'recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child' (Article 23(2)); and
* 'recognize the right of persons with disabilities to education, and shall ensure an inclusive education system at all levels and lifelong learning’, including that 'persons with disabilities receive the support required, within the general education system, to facilitate their effective education' and 'effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion' (Article 24(2)(d) and (e)).
Funding will be provided to develop an informative guide to assist people working in early childhood settings to identify when a child may require referral to appropriate diagnostic services and help with early diagnosis and treatment of FASD. Furthermore, funding on the proposed educational and training resources would assist teachers and other staff to provide effective individualised support for children with FASD and will facilitate the effective education of children with FASD.
Territories power
Section 122 of the Constitution empowers the Parliament to make laws 'for the government of any territory'.
Where appropriate, funding would be targeted at developing resources that are tailored to meet the needs of particular high-risk groups, including people in rural and regional areas in the territories.
Item 3 - Part 4 of Schedule 1AB (table item 179, column headed "Objective(s)", paragraph (a) (second occurring))
Item 4 - Part 4 of Schedule 1AB (table item 179, column headed "Objective(s)", subparagraph (d)(v))
Item 5 - Part 4 of Schedule 1AB (table item 179, at the end of the column headed "Objective(s)")
Items 3 to 5 make consequential and technical amendments to table item 179 to clarify the constitutional powers referenced in the table item and the applicable Articles under international conventions that would apply as a result of the amendments at items 1 and 2 above.
Item 6 - In the appropriate position in Part 4 of Schedule 1AB (table)
This item adds two new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on two activities that will be administered by the Department of Health.
New table item 317 establishes legislative authority for government spending on the Specialist Dementia Care Program (the Program).
The Program will provide a person-centred, multidisciplinary approach to care for people with very severe behavioural and psychological symptoms of dementia who are unable to be appropriately cared for by mainstream aged care services. The Program will provide care for eligible clients within a dedicated unit within a residential aged care service, with the aim of reducing or stabilising symptoms and enabling the person to transition to a less intensive care setting.
Funding will be provided to organisations and the states and territories to deliver care and services or support under the Program.
The establishment of specialist dementia care units is a 2016 election commitment that was announced by the then Minister for Health and Aged Care, the Hon Sussan Ley MP, on 19 December 2016 and was included in the 2016-17 Mid-Year Economic and Fiscal Outlook. On 30 November 2017, the Minister for Aged Care, the Hon Ken Wyatt AM MP, announced the process for community consultation on how to best implement the planned new specialist dementia care units for people living with very severe behavioural and psychological symptoms of dementia.
The Program is part of the Government's three tier system for the aged care sector to support the management of behavioural and psychological symptoms of dementia:
* Tier 1: the Dementia Behaviour Management Advisory Service which provides support and advice to service providers and individuals caring for people with dementia where responsive behaviours are affecting a person's care;
* Tier 2: the Severe Behaviour Response Teams - a mobile workforce of clinical experts who provide timely and expert advice to residential aged care providers when assistance is requested to address the needs of people with more severe responsive behaviours associated with dementia; and
* Tier 3: the Specialist Dementia Care Program.
Grant funding will be provided to organisations and the states and territories to deliver some or all of the following activities:
* establishing dedicated transitional specialist dementia care units within larger residential aged care facilities for eligible clients;
* establishing and conducting client assessments to ensure appropriate access to services;
* evaluation and monitoring activities to measure the Program's outcomes;
* providing specialist input and advice, including clinical input, to inform the operation of the units under the Program; and
* providing any other services to support the Program to deliver its intended outcomes.
The Program will use a pilot approach with service delivery funding for dedicated units being allocated in two tranches using a competitive selection process. To be eligible to apply, organisations will need to be approved providers of residential care under the Aged Care Act 1997.
Funding for other activities as identified above may be allocated through open competitive, targeted restricted competitive or closed non-competitive funding processes in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (the PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017 (the Grants Rules).
Applications will be assessed by departmental officials with the support of probity advisers who will ensure that strict probity procedures are followed. Following assessment of the applications, the departmental officials will provide advice to the funding approver, a delegate of the Secretary of the department, on the merits of the applications.
The approver will make the final decision to approve a grant. In making the decision, the approver will consider whether the funding proposal will make an efficient, effective, ethical and economical use of Commonwealth resources, as required by the PGPA Act, and whether any specific requirements will need to be imposed as a condition of funding.
Funding approval will be at the discretion of the approver. The decision will be final in all matters, including: the approval of the grant; the grant funding amount to be awarded; and the terms and conditions of the grant.
Decisions will be made in accordance with applicable legislative requirements under the PGPA Act and the Grants Rules. Guidelines and other information about the grant process will be made available on the Community Grants Hub at https://www.communitygrants.gov.au/grants, with information on grants awarded to be published on GrantConnect at www.grants.gov.au.
Information about the eligibility criteria for accessing specialist dementia care under the Program will be published on the Department of Health's website.
Decisions to award grants for the Program will be made in accordance with the Grants Rules and the applicable legislative requirements under the PGPA Act. The guaranteed right of review under section 75(v) of the Australian Constitution, and review under section 39B of the Judiciary Act 1903, will be available. Feedback will be offered to all applicants under the Specialist Dementia Care Program. People affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The awarding of grants for the Specialist Dementia Care Program is not suitable for independent merits review as there are limited and finite resources for allocation. The remaking of a grant decision with limited and finite resources would affect decisions made in relation to other service providers.
Requests for review of decisions or recommendations relating to client eligibility for support under the Specialist Dementia Care Program will be available. It is envisaged that this would be an internal review by the organisation responsible for the eligibility assessment, with detailed arrangements to be outlined in program documentation. The eligibility assessment will use a nationally consistent methodology, which will include factual criteria (for example, evidence of a dementia diagnosis), a needs-based assessment tool and clinical discretion.
Funding of $106.2 million over five years from 2018-19 will come from Program 6.2: Aged Care Services, B Supporting people in residential aged care, which is part of Outcome 6. Details will be set out in the Portfolio Additional Estimates Statements 2018-19, Health Portfolio.
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));
* the territories power (section 122); and
* the grants of financial assistance to states power (section 96).
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare services including 'sickness benefits'.
Funding will be provided to organisations and the states and territories under the Specialist Dementia Care Program to provide support services to people experiencing very severe behavioural and psychological symptoms of dementia. The Program will deliver expert dementia case management to assist in stabilising a person's behaviour with a view to returning them to a less intensive care setting.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.
Australia is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 12(1) of the ICESCR recognises the 'right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. Article 2 requires each State Party to 'take steps ... to the maximum of its available resources, with a view to achieving progressively the full realization' of this right 'by all appropriate means, including particularly the adoption of legislative measures'.
The steps to be taken by State Parties to achieve full realisation of the right to health are specified in Article 12(2) and include:
* steps necessary for 'the prevention, treatment and control of epidemic, endemic, occupational and other diseases' (Article 12(2)(c)); and
* steps necessary for 'the creation of conditions which would assure access to all medical service and medical attention in the event of sickness' (Article 12(2)(d)).
Australia is also a party to the Convention on the Rights of Persons with Disabilities (CRPD). Article 4(1) of the CRPD provides that States Parties undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake to adopt 'all appropriate legislative, administrative and other measures' for the implementation of those rights (Article 4(1)(a)).
Article 25 of the CRPD requires States Parties to take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, under Article 25(b), States Parties to '[p]rovide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons'.
Article 26 of the CRPD requires States Parties to 'take effective and appropriate measures ... to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life'.
Article 28(1) requires States Parties to 'recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability'.
The Specialist Dementia Care Program will provide care for people with very severe behavioural and psychological symptoms of dementia who are unable to be effectively cared for by mainstream aged care services. The Program will provide intensive, specialised residential care with a focus on stabilising and reducing the person's symptoms over time with the aim of enabling transition back to mainstream accommodation. The Program aims to optimise functioning, stabilise behavioural symptoms, improve wellbeing and quality of life through optimal care, with a strong focus on ongoing care assessment, care planning and access to therapeutic and meaningful activities.
Territories power
Section 122 of the Constitutions empowers the Parliament to 'make laws for the government of any territory'.
Funding will be provided to territories to deliver care and services or support under the Specialist Dementia Care Program.
Financial assistance to states power
Section 96 of the Constitution empowers the Parliament to 'grant financial assistance to any state on such terms and conditions as the Parliament thinks fit'.
Funding will be provided to states to deliver care and services or support under the Specialist Dementia Care Program.
New table item 318 establishes legislative authority for government spending on the beyondblue National Depression and Anxiety Initiative.
The beyondblue National Depression and Anxiety Initiative (NDAI) provides a number of targeted services aimed at addressing the prevalence and impact of depression, anxiety and related disorders in the Australian community. The NDAI seeks to increase the mental health capacity of the Australian community, including governments, service providers, business and community sectors and the media and reduce stigma associated with depression, anxiety and related disorders. Depression and anxiety disorders are among the most common illnesses in the community and in primary care. Depression and anxiety disorders account for more years of disability and lost productivity in Australia than any other illness.
The targeted services aim to:
* provide the sustainable continuation and refinement of beyondblue's core activities;
* provide an appropriate early intervention and prevention focus for mental health for all Australians, especially for vulnerable population groups, including men, Aboriginal and Torres Strait Islander people, culturally and linguistically diverse people, gay, lesbian, bisexual, transgender or intersex communities; and actively support and promote activities to achieve this;
* deliver a sustained approach to improving mental health literacy and stigma reduction in relation to depression and anxiety conditions through collaborative and language specific publications, teleweb services and campaigns;
* contribute to enhancing professional training, development and support for general practitioners, allied health and welfare professionals and others providing services to people across the age spectrum experiencing depression, anxiety and suicide risk, through collaborations with relevant professional associations and utilising jurisdictional collaborations and Primary Health Networks;
* support and commission research to enhance knowledge into the promotion of mental health and wellbeing and the prevention and management of depression, anxiety and suicide and incorporate new knowledge as appropriate into practice, provide research to the Department of Health, and disseminate new knowledge into broader policy and practice;
* trial new and innovative prevention, early detection, treatment and management activities for depression and anxiety conditions and disseminate information about best practice models of care as appropriate;
* promote partnerships across the health, business, and community sectors and the media to enhance responsiveness and support to all Australians who may experience, or be at risk of experiencing, depression and anxiety conditions;
* provide an advisory role to the Australian Government particularly in respect of the Australian Government Response to Contributing Lives, Thriving Communities - Review of Mental Health Programmes and Services and assistance to Primary Health Networks regarding low intensity services;
* provide support to Primary Health Networks, in respect of their own promotion, prevention and early initiatives, including the introduction of self-management,
peer-to-peer and low intensity services as part of a regional stepped care approach;
* commission an independent evaluation of Commonwealth-funded activities conducted by Beyond Blue Limited; and
* provide relevant information as required by the Department of Health.
The funding will also be directed at assisting beyondblue to maintain and further develop resources and support services on its website.
Funding will be provided for two years from 1 July 2019 to 30 June 2021.
The NDAI is intended to align with the mental health priorities outlined in the Fifth Mental Health and Suicide Prevention Plan (Fifth Plan), that is, the nationally agreed priority areas and actions that are outlined for the next five years, with a view to achieving an integrated mental health system. More information on the Fifth Plan can be found at http://www.coaghealthcouncil.gov.au/Publications/Reports.
Funding for this item will come from Program 2.1: Mental Health, which is part of
Outcome 2. Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No.1.9, Health Portfolio at page 59.
The Department of Health will use a closed, non-competitive process to award the grant in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines 2017.
The Department of Health will assess the proposal against the eligibility and assessment criteria in the grant guidelines, which will outline the objectives and outcomes of the government funding and the deliverables.
Following assessment of the proposal on its merit, the delegate of the Secretary of the Department of Health will make the final decision to approve funding. The delegate will consider whether the proposal represents an efficient, effective, ethical and economical use of Commonwealth resources, and whether any specific requirements need to be imposed as a condition of funding.
The decision of the delegate will be final in all matters, including:
* the approval of the grant;
* the grant funding amount to be awarded; and
* the terms and conditions of the grant.
The grant guidelines, assessment criteria and information about the grant decision will not be available on the GrantConnect website due to only one provider, beyondblue, being considered suitable to deliver the NDAI.
The provision of funds to beyondblue to administer the NDAI is not considered suitable for independent merits review because the expenditure is a non-competitive extension to an existing program and it will involve the allocation of a finite resource to fund one organisation to provide national support and services.
The direct source arrangement is considered appropriate because the Department has considered the sector and determined that the only organisation eligible to apply for the NDAI grant activity is beyondblue. beyondblue has considerable expertise and experience managing and delivering quality outcomes under the NDAI since its inception. beyondblue is best placed to continue this role.
To reconsider this decision under merits review would substantially delay continuation of the program in a market environment where there are no alternative providers with similar capacity to beyondblue.
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 executive power and the express incidental power (sections 51(xxxix) and 61).
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's international obligations under treaties to which it is a party.
Australia is a party to the Convention on the Rights of Persons with Disabilities [2008]
ATS 12 (CRPD). Article 1 provides that the phrase 'persons with disabilities' includes persons with 'long-term mental ... impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others'. In particular, the CRPD requires State Parties to:
* generally 'adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the [CRPD]' (Article 4);
* 'prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds' (Article 5);
* raise awareness of persons with disabilities and combat stereotypes, prejudices and harmful practices (Article 8); and
* 'recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability' and 'provide those health services needed by persons with disabilities ... including early identification and intervention ... and services designed to minimise and prevent further disabilities...' (Article 25).
Additionally, Australia is a party to the International Covenant on Economic, Social and Cultural Rights [1976] ATS 5 (ICESCR). Article 2 requires each State Party to 'take steps ... to the maximum of its available resources, with a view to achieving progressively the full realization' of the 'rights recognised in the ... Covenant by all appropriate means, including particularly the adoption of legislative measures'. Article 12 recognises the 'right of everyone to the enjoyment of the highest attainable standard of physical and mental health' and sets out the steps to be taken for full realisation of this right. In particular:
* steps necessary for the 'prevention, treatment and control of epidemic, endemic, occupational and other diseases' (Article 12(2)(c)); and
* steps necessary for 'the creation of conditions which would assure to all medical service and medical attention in the event of sickness' (Article 12(2)(d)).
Funding for the NDAI will seek to reduce the stigma associated with depression and promote the community's understanding of depression, along with providing health services, education and support to patients with mental illnesses.
Communications power
Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'.
Funding will be directed at enabling beyondblue to offer resources or services using the radio, internet or telephone.
Executive power and express incidental power
The express incidental power (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, including the executive power in section 61.
Funding will be provided for the collection of data and otherwise conducting of research for the purpose of informing the Commonwealth.
Commonwealth Numbered Regulations - Explanatory Statements