Details of the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 2) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 2) 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 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an activity that will be administered by the Attorney-General's Department.

 

New table item 273 establishes legislative authority for government spending on legal support services for survivors engaging with the Commonwealth Redress Scheme for Survivors of Institutional Child Sexual Abuse (the Redress Scheme).

 

The Australian Government is establishing the Redress Scheme for people who have experienced institutional child sexual abuse and is designed so that state governments and non-government organisations will be able to opt in.  The Redress Scheme will provide:

*         access to psychological counselling;

*         a direct personal response - such as an apology from the responsible institution for people who want it; and

*         a monetary payment.

 

Information on the Redress Scheme is available from the Department of Social Services website at: https://www.dss.gov.au/families-and-children/programs-services/children/redress-scheme-for-people-who-have-experienced-institutional-child-sexual-abuse. 

 

Subject to the passage of the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017, applications for redress will be accepted from survivors from 1 July 2018.  The Redress Scheme will run for 10 years to 30 June 2028. 

 

The Government is committed to providing survivors of institutional child sexual abuse with legal services to ensure that they are assisted and supported through the redress process, including being provided information on the Redress Scheme, submitting an application and making decisions on outcomes, including monetary payments.

 

Legal services will be funded through a direct source grant to the National Association of Community Legal Centres to operate 'knowmore', the legal service that supported the Royal Commission into Institutional Responses to Child Sexual Abuse, to ensure that survivors of abuse seeking redress are provided with quality, trauma-informed advice on their legal options.  Ensuring that survivors understand their rights and legal options is an important step in supporting them to make informed decisions about their participation in the Scheme.

 

Knowmore is a free national legal information and advice service established by the National Association of Community Legal Centres.  Knowmore was initially established to assist survivors of institutional child sexual abuse to engage with the Royal Commission into Institutional Child Sexual Abuse.  The service is being extended to support survivors to access the Redress Scheme.  Knowmore operates a national free phone service as well as offices in key locations and runs regular outreach activities to regional areas.

 

The grant to the National Association of Community Legal Centres will enable it to assist survivors by providing information and advice about the options that may be available to them, including claims under the Redress Scheme, access to compensation through other schemes or common law rights and claims.  Legal advice will also be provided on key steps in the redress process, including signing the deed of release which is required before payments can be made.

 

Funding of $1.2 million in 2017-18 was included in the 2017-18 Budget as part of the measure 'Commonwealth Redress Scheme for Survivors of Institutional Child Sexual Abuse' at page 146 of Budget Measures, Budget Paper No. 2 2017-18.

 

The Attorney-General, the Hon Christian Porter MP, and the Minister for Social Services, the Hon Dan Tehan MP, issued a joint media release on 19 February 2018 announcing the legal support services for survivors, with additional funding of $37.9 million over three years from 2018-19.  This announcement is available at: https://www.attorneygeneral.gov.au/Media/Pages/Legal-support-services-to-help-survivors-of-institutional-child-sexual-abuse-access-redress.aspx.

 

Funding for this item will come from Program 1.4: Justice Services, which is part of Outcome 1.  Details are set out in the Portfolio Additional Estimates Statements 2017-18, Attorney-General's Portfolio at page 21.

 

The Department of Social Services will administer the grant process on behalf of the Attorney-General's Department.  Information on the grant will be published on GrantConnect at https://www.grants.gov.au/?event=public.GA.list in accordance with the Commonwealth Grants Rules and Guidelines 2017.  The grant guidelines will be publicly available on GrantConnect at https://www.grants.gov.au.

 

Information about eligibility for assistance under the Scheme is available at the Department of Social Services website at: https://www.dss.gov.au/families-and-children/programs-services/children/commonwealth-redress-scheme-for-survivors-of-institutional-child-sexual-abuse.

 

The grant agreement will require knowmore to provide free legal advice to survivors of institutional child sexual abuse.  Survivors will contact knowmore directly for assistance.  The assistance to be provided by knowmore will not be capped or means tested.

 

Decisions about who will receive legal assistance and the appropriate level of assistance to be provided will be made by a representative of knowmore based on eligibility under the Redress Scheme.

 

The decision on awarding the grant to the National Association of Community Legal Centres for knowmore will be made by the Attorney-General.  The process is a direct, closed grant process.  Due to the targeted nature of the program, there is only one service provider that meets the grant criteria.

 

Knowmore is the only national legal support service that also has a proven track-record of providing legal support services to survivors of child sexual abuse having provided support to survivors seeking to engage with the Royal Commission into Institutional Responses to Child Sexual Abuse.  Knowmore has existing infrastructure in place and extensive expertise to support the delivery of a national, quality, trauma-informed legal practice.

 

The decision will not be subject to independent review arrangements as the grant is to a single organisation to operate the service.  There are no alternate providers that meet the grant criteria, and therefore no providers could seek a review.

 

Review rights will not be required for survivors seeking assistance from knowmore.  Knowmore does not provide grants, and will provide free legal advice and information to all survivors about the justice or redress options available in relation to institutional child sexual abuse.  If knowmore is unable to provide assistance due to a conflict of interest, knowmore will refer the survivor to another legal adviser. 

 

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 express incidental power and the executive power (section 51(xxxix) and section 61).

 

The express incidental power in 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.  Together with the executive power in section 61 of the Constitution, the express incidental power supports activities that form part of the ordinary and well-recognised functions of government.

 

 

Engaging the provider of the legal advisory service in anticipation of the passage of the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 involves the Commonwealth entering into a grant agreement to fund the operational costs of the legal advisory service.

 

 

 

 

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 (Attorney-General's Portfolio Measures No. 2) Regulations 2018

 

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

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs.  The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013. 

 

The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on legal support services for survivors engaging with the Commonwealth Redress Scheme for Survivors of Institutional Child Sexual Abuse (the Redress Scheme).

 

Legal services will be funded through a direct source grant to the National Association of Community Legal Centres to operate 'knowmore', the legal service that supported the Royal Commission into Institutional Responses to Child Sexual Abuse, to ensure that survivors of abuse seeking redress are provided with quality, trauma-informed advice on their legal options. 

 

The grant to the National Association of Community Legal Centres will enable it to assist survivors by providing information and advice about the options that may be available to them, including claims under the Redress Scheme, access to compensation through other schemes or common law rights and claims.  Legal advice will also be provided on key steps in the redress process.

 

The Attorney-General has responsibility for this matter which will be administered by the Attorney-General's Department.

 

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