Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 7) Regulations 2017
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 7) 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 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 certain activities administered by the Department of Health.
New table item 258 establishes legislative authority for government spending on the Water and Snow Safety Program (the Program).
The Government has a longstanding history of providing support to water and snow safety organisations in Australia. Water-based sport and recreation activities are an important part of Australian society and culture but are associated with hundreds of drowning deaths each year and many more near-drowning incidents. While participation rates are lower, snow-based recreation activities are popular in states with snow resorts and are also associated with accidents and injuries, although fewer deaths. The Government is committed to addressing the incidence of drowning and snow-related injuries and deaths through effective prevention and intervention.
The Program will amalgamate four existing programs and initiatives:
* the National Recreation Safety Program which provides support to the ongoing operations of the major water and snow safety organisations;
* the Saving Lives in the Water - Element 1 which funds water safety project activities;
* the Saving Lives in the Water - Element 2 which funds initiatives directed at reducing drowning deaths of children aged less than five years old; and
* the Reduce Drownings initiative which supports key water safety organisations to deliver a range of activities and interventions aimed at reducing the incidence of water-related injury and death in Australia.
The organisations funded under the above programs and initiatives include the Royal Life Saving Society - Australia, Surf Life Saving Australia, the Australian Council for the Teaching of Swimming and Water Safety (AUSTSWIM), Laurie Lawrence Swimming Enterprises, and the Australian Ski Patrol Association.
The Program will maintain the same objectives, delivery mechanisms, targeted organisations, scope and methods of administration as the four original programs and initiatives it will encompass. There will be a change in the length of funding agreements from one year under the existing arrangements to three years under the new arrangements which will commence from 1 July 2018. The Program will be implemented by the Department of Health and administered through the Community Grants Hub.
The Program will aim to support water and snow safety organisations to:
* undertake activities which reduce the incidence of water and snow-related injury and death in Australia;
* enhance the safety of water and snow environments in Australia;
* improve the behaviour of people in, on and around water and snow in Australia; and
* address priority areas and goals for water safety articulated in the Australian Water Safety Strategy 2016-2020 (the Strategy), including the aspirational goal to reduce drowning deaths by 50 per cent by 2020 (compared to 2008).
The Strategy, which builds on the Australian Water Safety Strategy 2012-2015, is the key driver for water safety activities in Australia. It was produced by the Australian Water Safety Council, with input from its member organisations and the Government. While there is currently no national snow safety strategy, the Australian Ski Patrol Association has established aims and objectives that align with the Program.
The Program will be made up of five components:
* Advocacy, Education, Research, Inland Waterways and Safe Aquatic Facilities;
* Coast Life Saving;
* Swimming Accreditation and Training;
* Water Safety for Children; and
* Snow Activities.
These components will cover a broad range of activities undertaken in the water and snow safety sector. Each component will have its specific objectives and performance indicators that contribute to the overarching operation and success of the Program. Each eligible organisation will be entitled to apply for one specific component.
The Advocacy, Education, Research, Inland Waterways and Safe Aquatic Facilities component will contribute to the program objectives by improving the behaviour of people in and around water environments. This will be achieved through research, advocacy, training, public awareness activities, and industry innovations.
The Coast Life Saving component will contribute to the program objectives through maintaining and enhancing the safety of people in and around water environments in Australia.
The Swimming Accreditation and Training component will contribute to the program objectives through training accredited swimming instructors, increasing community awareness of water safety, providing the community with improved skills for protecting themselves and others, educating the community about the risks of the water, and promoting active supervision by parents.
The Water Safety for Children component will contribute to the program objectives by raising water safety awareness and reducing the incidence of drowning of children aged five years and under. This component will also provide for building awareness for carers of children aged five years and under.
The Snow Activities component will contribute to the program objectives through maintaining and enhancing the safety of people in and around snow environments in Australia.
On 12 September 2017, the Minister for Sport, the Hon Greg Hunt MP, announced a review of the national water safety approach to better understand the preventative activities that are currently being undertaken by all levels of government and independent water safety providers, and identify priority areas to reduce the incidence of fatal and non-fatal drownings. Previous independent reviews of the components of existing water and snow safety programs and initiatives have found that they were highly efficient, effective, provided the Government with value for money, and significantly contributed to the safety of Australians.
Program funding of $28.5 million for a period of three years from 2018-19 will be included in the Mid-Year Economic and Fiscal Outlook 2017-18.
The Department of Health will use a targeted non-competitive process to award grants under the Program. Eligible applicants will be invited to submit an application for a particular grant which will not be assessed against other applicants' submissions. Their applications will be assessed individually against the eligibility and assessment criteria in the program guidelines, which will also outline the objectives, outcomes and deliverables of the Commonwealth grant funding.
Applications will be assessed by a dedicated grant application assessment team of departmental officials and qualified probity advisers who will ensure that strict probity procedures are followed. Following assessment of the applications, the assessment team 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 Public Governance, Performance and Accountability Act 2013, 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 Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines. The guidelines and other information about the grant process will be made available on the departmental website at www.health.gov.au, with information on grants awarded to be published on GrantConnect at www.grants.gov.au.
The decisions to provide funds to water and snow safety organisations to deliver a range of initiatives to improve water and snow safety within the community, and to tackle the incidence of drowning in identified high-risk areas, are not considered suitable for independent review. The funding is targeted, non-competitive and for a specific purpose.
Target organisations will continue to be funded under direct funding arrangements, as they are the only national providers which have the capacity to meet the government requirements. These organisations are highly experienced in facilitating programs and initiatives aimed at educating the community about the risks associated with being in and around water and snow, and providing effective water and snow safety interventions. To reconsider funding decisions under independent review would substantially delay implementation of these activities in a market environment where there are no alternative providers with similar capacity to provide appropriate services nationally.
Funding for this item will come from Program 3.1: Sport and Recreation, which is part of Outcome 3. Details will be set out in the Portfolio Additional Estimates Statements 2017-18, 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 communications power (section 51(v));
* the external affairs power (section 51(xxix); and
* the Commonwealth executive power and the express incidental power (sections 61 and 51(xxxix)).
Communications power
Under section 51(v) of the Constitution, the Commonwealth has power to legislate with respect to 'postal, telegraphic, telephonic and other like services'.
The Program will provide funding for online communications. For example, marketing, education and public awareness materials will be disseminated through online services such as the internet.
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 treaties to which Australia is a party.
Australia has obligations in relation to children's rights under the Convention on the Rights of the Child. Article 4 requires that States Parties take 'all appropriate legislative, administrative, and other measures' to implement the rights set out in the Convention. In particular:
* Article 6 requires that 'States Parties shall ensure to the maximum extent possible the survival and development of the child';
* Article 18 requires States Parties to 'render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities';
* Article 24 requires States Parties to take appropriate measures to implement the right of the child to health. In particular, States Parties are required to 'ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in ... the prevention of accidents', and to 'develop ... guidance for parents'; and
* under Article 31, States Parties 'recognize the right of the child to rest and leisure, and to engage in play and recreational activities appropriate to the age of the child'.
The Program will fund water and snow safety activities in relation to children that are designed to implement these obligations.
Commonwealth executive power and express incidental power
The Commonwealth executive power in section 61 of the Constitution, together with section 51(xxxix), supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.
The Program will provide funding for independent national bodies to provide national water and snow safety programs and ensure there are consistent water and snow safety practices, including some forms of accreditation, across the nation.
New table item 259 establishes legislative authority for the Government to support mental health research within Australia.
The Mental Health - Research program will support mental health research within Australia by increasing research capacity to develop early intervention strategies for mental health and implement approaches to prevent anxiety, depression and suicide. This will support the translation of research outcomes into practical treatments and tools that can be implemented across clinical, workplace, education and community settings to help improve the mental health and wellbeing of Australians.
Under the program, the following funding will be provided:
* $5 million to the National Centre of Excellence in Youth Mental Health (Orygen) to help complete an integrated health care and research facility in Melbourne;
* $5 million to the Sunshine Coast Mind and Neuroscience - Thompson Institute (Thompson Institute) for research involving young people with major mood or psychiatric disorders, and suicide prevention; and
* $5 million to the Black Dog Institute (BDI), in collaboration with Everymind (formerly the Hunter Institute of Mental Health), to translate research findings into improved and innovative service delivery for people with anxiety and depression.
Orygen
Funding to Orygen will contribute to the construction of an integrated health care and research facility in Melbourne that will provide for both innovative clinical care and research. The building will include treatment and consulting rooms, laboratories and research facilities, and education and training facilities to enable Orygen to conduct the research, analyse the resulting evidence, and translate it into practice and policy for mental health treatment and prevention. The new facility will replace Orygen's current premises and allow the organisation to expand its research capacity.
Thompson Institute
Funding to the Thompson Institute will support a clinical study of young people aged 12 to 25 years by trialling the use of brain scans in identifying emerging mood and psychotic disorders such as depression, bipolar and schizophrenia. The study aims to develop further evidence in relation to the neurobiological differences in young people with these disorders to inform diagnoses, practical treatments and interventions.
The Thompson Institute will also be funded to undertake a range of activities relating to suicide prevention.
The Thompson Institute will implement a community-based approach to suicide prevention, based on findings from international trials which have been successful in reducing suicide. The activity will aim to reduce suicide by:
* providing training for general practitioners to identify and treat depression;
* educating the public through a depression awareness campaign;
* training health and allied health professionals to better identify and refer people at risk of suicide to appropriate services; and
* supporting patients and prioritising high-risk groups to access crisis support and expert advice.
To complement the community-based suicide prevention approach, the Thompson Institute will also develop an interactive, digital simulation tool for suicide prevention training and assessment, as well as a means of improving community awareness and understanding of the risk factors associated with suicide. This tool will be used as a suicide prevention teaching and learning resource accessible via digital technology such as handheld devices and a dedicated website. It will target primary and mental health workers, allied health professionals and the general public.
Finally, the Thompson Institute will establish a clinical trial for patients who are depressed and assessed as being at a heightened risk of suicide. The trial will aim to investigate the effectiveness of the drug Ketamine as an antidepressant for chronically suicidal patients and establish an evidence-based treatment to reduce suicide. The trial will be registered with the Australian New Zealand Clinical Trials Registry and conducted in line with appropriate ethics approvals.
BDI
The BDI will be funded, in collaboration with Everymind, to undertake a range of activities that focus on reducing the impact of anxiety and depression.
The BDI will implement workplace mental health early intervention and prevention approaches through online platforms and evidence-based frameworks. This activity will aim to reduce mental health problems, and treat anxiety and depression in the workplace by:
* rolling out tested online mental health tools for Australian workplaces;
* increasing the uptake of online evidence-based treatment and interventions for small businesses; and
* developing e-mental health and peer support programs for the entertainment and teaching professions.
The BDI will implement online evidence-based mental health early intervention and prevention approaches for the education sector and people supporting someone with anxiety or depression. This activity will aim to prevent anxiety and depression in children, adolescents and families by:
* increasing the capability of educators working with children and young people to contribute to the prevention of anxiety and depression;
* implementing an online prevention, screening and referral tool to increase early identification of mental health problems in secondary schools; and
* developing an online program to educate families and carers of people supporting someone with anxiety or depression.
The final BDI's activity will consist of two parts:
* an online screening mental health platform that aims to detect risk factors and reduce anxiety and depression among adults. This activity will support medical practitioners to screen for risks; and
* a pilot framework for health care settings that aims to address the mental health of those working within health services, such as medical practitioners and medical students. This activity will focus on practical and evidence-based interventions among Australia's medical workforce to prevent anxiety, depression and suicidal behaviour.
Funding of $15 million was included in the 2017-18 Budget under the measure 'Prioritising Mental Health - research' for a period of two years commencing in 2017-18. Details are set out in Budget 2017-18, Budget Measures, Budget Paper No. 2 2017-18 at page 121.
Funding will be provided to the three organisations using a closed non-competitive process. The grant opportunity will not be published on GrantConnect as the grants will be provided on a one-off basis. Funding proposals will be assessed against the program guidelines, and decisions 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.
Funding proposals will be assessed by a grant assessment committee consisting of departmental officials to ensure that they align with the program guidelines. Final decisions will be made by a delegate of the Secretary of the Department of Health. The department will have responsibility for the ongoing grant administration, including performance monitoring and reporting which will form part of the funding agreements.
Funding decisions made in connection with the program are not considered suitable for independent review. Funding will be provided on a one-off, targeted, time-limited basis for a specific purpose through direct sourcing. This selection process is considered appropriate as the target organisations have demonstrated unique capability, expertise and experience in developing meaningful research through their relevant activities. These organisations also have an established infrastructure to deliver program activities. To reconsider funding decisions under independent review would substantially delay implementation of mental health research activities supported by the Commonwealth grants.
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 2017-18, Budget Related Paper No. 1.10, Health Portfolio at page 28.
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 external affairs power (section 51(xxix); and
* the Commonwealth executive power and the express incidental power (sections 61 and 51(xxxix)).
Communications power
Under section 51(v) of the Constitution, the Commonwealth has power to legislate with respect to 'postal, telegraphic, telephonic and other like services'.
Under the program, the department will fund the delivery of telephone and internet-based communications to conduct research, conduct assessments, provide training and/or improve understanding of mental health. For example, funding will be provided to develop a suicide prevention training tool that will be delivered via an electronic communication service such as the internet.
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 treaties to which Australia is a party.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Australia has obligations regarding the right to health under Articles 2 and 12 of the 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'. Pursuant to Article 2(1), Australia relevantly undertakes 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. In particular, Article 12(2) requires States Parties to take steps necessary for:
(c) the prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) the creation of conditions which would assure to all medical service and medical attention in the event of sickness.
Under the program, the department will fund medical research directed at anxiety and depression. Funding will be provided for community-based interventions including training and education for health care professionals and additional support for patients and high-risk groups to access crisis support and expert advice. Funding will also be provided for medical research to identify neurobiological differences in people with major mood and psychiatric disorders. Capital funding will be provided for an integrated health care and research facility that will drive innovative clinical care, cutting-edge research, and state-of-the-art education and training in youth mental health.
Convention on the Rights of the Child
Australia has obligations in relation to children's rights under the Convention on the Rights of the Child. Article 24(1) recognises the 'right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health'. Article 4 requires that States Parties take 'all appropriate legislative, administrative, and other measures' to implement that right. In particular, Article 24(2) requires States Parties to take appropriate measures to 'diminish infant and child mortality' (Article 24(2)(a)), 'develop preventative healthcare' (Article 24(2)(f)), and 'ensure the provision of necessary medical assistance and health care to all children' (Article 24(2)(b)).
Under the program, some of the funding described above in relation to the ICESCR will relate to persons under 18 years of age. For example, funding will be provided for brain scans to identify neurobiological differences in young people with major mood and psychiatric disorders. As noted above, capital funding will also be provided for a facility focused on youth mental health.
Convention on the Rights of Persons with Disabilities
Australia also has obligations regarding the rights of people with disabilities, including those set out in 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 realization 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)). In particular, Article 8(1) requires States Parties to adopt measures:
(a) to raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;
(b) to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life.
Article 8(2) also requires States Parties to adopt measures including:
(a) initiating and maintaining effective public awareness campaigns designed:
... (ii) to promote positive perceptions and greater social awareness towards persons with disabilities; ...
(d) promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities.
Article 25 requires States Parties to:
(b) provide 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.
Under the program, the department will fund the delivery of a depression awareness campaign and the construction of an integrated health care and research facility. The facility will enable innovative clinical care and research, and offer education and training facilities to support evidence-based practice and policy.
Commonwealth executive power and express incidental power
The Commonwealth executive power in section 61 of the Constitution, together with section 51(xxxix), supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.
Under the program, the department will fund medical research that will be conducted by nationally significant research organisations such as Orygen. Some of the funded research will also have a national focus. For example, BDI and the Hunter Institute are partnering with beyondblue, Orygen and the Australian Medical Association to establish the research activities.
Commonwealth Numbered Regulations - Explanatory Statements