Details of the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 1) Regulations 2017
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Social Services 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 four new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on a number of programs which are administered by the Department of Social Services, either solely or jointly with the Office of the Children's eSafety Commissioner (OCESC) which is part of the Communications and the Arts portfolio.
New table items 199 to 201 establish legislative authority for government spending on a number of measures under the Third Action Plan 2016-2019 of the National Plan to Reduce Violence against Women and their Children 2010 - 2022 (the National Plan). Details of initiatives under the Third Action Plan were announced on 28 October 2016 by the Prime Minister, the Hon Malcolm Turnbull MP; the Minister for Women, Senator the Hon Michaelia Cash; and the Minister for Social Services, the Hon Christian Porter MP.
The National Plan is a long-term collaboration for action by Commonwealth, state and territory governments which aims to achieve a significant and sustained reduction in violence against women and their children. The plan is implemented through four, three-year action plans, with the Third Action Plan 2016-2019 setting out 36 practical actions across six national priority areas - prevention and early intervention; Aboriginal and Torres Strait Islander women and their children; greater support and choice; sexual violence; responding to children living with violence; and keeping perpetrators accountable across all systems.
New table item 198 establishes legislative authority for government spending on the Digital Literacy for Older Australians program.
The Department of Social Services has lead responsibility for the program which will be jointly developed and implemented with the OCESC. The funding for the OCESC elements of the program will be allocated to the Australian Communications and Media Authority (ACMA), within the Communications and the Arts portfolio. The ACMA has a statutory obligation to assist the OCESC, including by making resources and facilities available to it.
The program aims to improve the skills, confidence and online safety of seniors using digital technology by providing them with suitable tools, resources and support to facilitate increased access to digital devices and appropriate learning opportunities.
The program is a family and community centred approach to supporting, coaching and teaching older Australians in order to improve their skills, confidence and online safety in using digital technology. The program will involve the development of a digital literacy and online safety strategy.
The Department of Social Services will be responsible for the following elements of the strategy:
* the engagement of a national service provider to establish and support a network of community organisations delivering training and coaching to seniors, including providing access to a national helpline, and tools and resources to attract, retain and support tutors;
* the engagement of a third party provider to administer one-off small grant allocations to support participating community organisations;
* developing and delivering an overarching communications and marketing strategy; and
* commissioning an independent evaluation, incorporating a post-implementation review.
The OCESC will be responsible for the following elements of the strategy:
* developing national digital and smart device training materials and tools, online safety resources and outreach programs in aged care facilities; and
* providing a seniors' digital portal providing a one-stop-shop for information, tools and training materials.
Total funding of $47.2 million for this four-year program was included in the 2016-17 Mid-Year Economic and Fiscal Outlook under the measure 'Digital Literacy for Older Australians' at page 191. Funding consists of $30.3 million for the Department of Social Services and $16.9 million for the OCESC. Funding for the OCESC will be allocated directly to it through the ACMA. The 2016-17 financial year will primarily be a development phase, and the program will be implemented in the second half of 2017 and continue until 30 June 2020.
Funding for the Department of Social Services' responsibilities under the program will come from Program 2.1: Families and Communities, which is part of Outcome 2. Details are set out in Table 1.2 at page 20, Table 1.3 at page 23 and Table 2.2.1 at page 62 of the Portfolio Additional Estimates Statements 2016-17, Social Services Portfolio.
Funding for the OCESC will come from the ACMA's Program 1.3: Office of the Children's eSafety Commissioner, which is part of Outcome 1. Details are set out for the ACMA in Table 1.2 at page 76, Table 1.3 at page 77 and Table 2.2.1 at page 81 of the Portfolio Additional Estimates Statements 2016-17, Communications and the Arts Portfolio.
Spending decisions will be made by the delegate of the Secretary of the Department of Social Services and the delegate of the Children's eSafety Commissioner for decisions relating to their respective responsibilities.
Spending decisions will be based primarily on competitive procurement processes or competitive grants processes. There may be some instances where it is necessary to directly source procurement.
The Department of Social Services will be responsible for:
* contracting a single service provider through a competitive selection process to support community organisations delivering training and support to older Australians;
* engaging a third party provider through a competitive selection process in 2017-18 to allocate one-off small grants in 2017-18 to support community organisations to deliver training and support to older Australians; and
* engaging social research and creative agencies in 2016-17 to support the development and delivery of the communications campaign.
Information about the program and grant opportunities will be made available on the Department of Social Services' website (www.dss.gov.au/grants) in the first half of 2017 to support selection processes and to provide general information about the program. A communications and marketing campaign will commence in the second half of 2017 to promote the availability of digital training, resources and support for older Australians.
A range of service providers will be contracted by the OCESC through competitive selection processes to design, implement and deliver:
* digital and smart device training materials and tools;
* outreach programs;
* online safety resources; and
* the digital portal.
For grants processes, selection criteria and spending decisions will be publicly available on the Department of Social Services' website: www.dss.gov.au/grants. These processes will comply with the Commonwealth Grants Rules and Guidelines.
Procurement processes will comply with the Commonwealth Procurement Rules. Procurement information and decisions will be publicly available on the AusTender website: www.tenders.gov.au. In relation to the review of arrangements for procurements undertaken, all applicants will be offered an opportunity to be debriefed regarding their outcome.
For the Department of Social Services' elements, all applicants who seek funding through grants or procurement processes will be notified in writing of the outcomes of their applications. All unsuccessful applicants will receive feedback on their applications. While there is no formal merit review process, requests for merit reviews will be dealt with through the official complaints processes of the Department of Social Services:
www.dss.gov.au/about-the-department/doing-business-with-dss/complaints-process-for-grant-recipients and
www.dss.gov.au/contact/feedback-compliments-complaints-and-enquiries/complaints-page.
In relation to the OCESC's elements, all unsuccessful applicants from procurement processes related to market opportunities will be offered feedback if requested. Unsuccessful applicants seeking merit reviews will be dealt with through the official complaints processes of the ACMA: www.acma.gov.au/theACMA/About/Corporate/Accountability/feedback-complaints-about-acma-service-acma.
This election commitment was announced on 26 June 2016 by the Prime Minister, the Hon Malcolm Turnbull MP, the Minister for Communications, Senator the Hon Mitch Fifield, and the Minister for Social Services, the Hon Christian Porter MP. Details are at https://www.liberal.org.au/latest-news/2016/06/26/improving-digital-confidence-and-skills-senior-australians.
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)); and
* the executive power (section 61).
New table item 199 establishes legislative authority for government spending on measures to address deep-seated attitudes and practices that excuse, justify and promote violence against women and their children. These measures are part of the Third Action Plan of the National Plan and will be administered by the Department of Social Services.
Funding for these activities is part of the Government's $100 million announced for initiatives to break the cycle of violence against women and children that was included in the 2016-17 Budget. Details are set out in the measure 'Domestic and Family Violence - new initiatives to break the cycle of violence' in Budget 2016-17, Budget Measures, Budget Paper No. 2 2016-17, at page 141. Details of this 2016 election commitment are at https://www.liberal.org.au/latest-news/2016/06/17/coalition-deliver-extra-20-million-prevent-domestic-violence.
Key activities will include:
* developing guides and resources to assist local communities to implement strategies to prevent domestic violence. A supplier will be engaged through an open/competitive procurement process to develop content for the resources. An open, restricted competitive or direct grant selection process will be undertaken to trial the resources in up to five local government areas. Funding will also be used for administrative support for an expert reference group and to promote the initiative. A provider will be engaged through a direct procurement process to conduct action research in the trial sites;
* the development of a framework for shared understanding to prevent violence against Indigenous women and children. An existing provider will be funded through a direct grant process to work closely with Indigenous stakeholders on the development and dissemination of a tailored version of Change the Story, the national domestic violence prevention strategy;
* supporting community-led strategies to prevent domestic violence, particularly in culturally and linguistically diverse (CALD) communities, and engage CALD leaders to drive change within communities. An open/competitive or restricted/competitive grant process will be used to generate innovative community-led approaches. A direct grant process will be used to expand existing youth training initiatives, and existing providers will be funded directly to host a national roundtable to identify and progress key projects. Funding will also be used for administrative support for the roundtable;
* developing educational resources to enable witnesses of violence against women to take safe and appropriate action. An existing provider will be funded through a direct grant process;
* developing and disseminating information and advice to men who have become fathers for the first time about the importance of their involvement in the development and care of their child, including by positive role modelling. A provider will be funded through a restricted competitive or direct grant process;
* funding local projects aimed at supporting men who perpetrate, or who are at risk of perpetrating, domestic violence to reduce the likelihood that they will perpetrate such violence. An expression of interest process will be used to generate new approaches followed by a restricted competitive grant process to engage providers to deliver innovative proposals;
* developing resources to raise awareness of non-physical forms of abuse, gender equality, power and control, insofar as these behaviours can lead to domestic violence. An existing provider will be funded through a direct grant process; and
* supporting domestic violence prevention strategies focussing on education, employment and empowerment, particularly for women from CALD backgrounds. An existing provider will be funded through a direct grant process to expand the 'Three-Es to Freedom' project to three additional sites.
The decision-maker for expenditure under this item is the Minister for Social Services, or a nominated departmental delegate.
Grants will be made in accordance with the Commonwealth Grants Rules and Guidelines. Grant selection processes will utilise the standard grant model of the Department of Social Services, including the use of selection processes such as open, restricted competitive, direct and expression of interest selection processes. Information on grant availability and processes, including eligibility criteria and the application process, will be published on the website of the Department of Social Services at www.dss.gov.au/grants. Procurements undertaken by the Department of Social Services will be made in accordance with the Commonwealth Procurement Rules, and information on procurement processes will be published on the website of the Department of Social Services at www.dss.gov.au.
A complaints service is available for applicants and grant recipients. They can contact the complaints service listed on the website with complaints about the Department's service(s), the selection process or about the service provided by the Department's grant recipients.
In addition to the Department's complaints service, applicants are able to seek review from the Commonwealth Ombudsman. No further merits review is considered appropriate given that some funds are allocated on a competitive selection basis involving a limited pool of funds for allocation. For other types of selection processes, providers will be selected based on their unique specialised experience and expertise in addressing family and domestic violence as well as having a demonstrated record of providing high quality service. The re-making of a decision under merits review would necessarily affect allocations available to other parties and would affect the timely execution of funding agreements to be entered into for expenditure that needs to occur in 2016-17.
Funding will come from Sub-program 2.1.5: National Initiatives, which is part of Program 2.1: Families and Communities, which comes under Outcome 2. Details are set out in the Portfolio Budget Statements 2016-17, Budget Related Paper No. 1.15a, Social Services Portfolio, at page 64.
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 aliens power (section 51(xix));
* the races power (section 51(xxvi));
* the immigration power (section 51(xxvii)); and
* the external affairs power (section 51(xxix)).
New table item 200 establishes legislative authority for the Government to fund domestic violence frontline services to provide pathways of support for women and children leaving, or trying to leave, family and domestic violence that prioritise their safety, minimise disruption to their lives and provide choice. The services are part of the Third Action Plan of the National Plan and will be administered by the Department of Social Services.
Funding for the services is part of the Government's $100 million announced for initiatives to break the cycle of violence against women and children that was included in the 2016-17 Budget. Details are set out in the measure 'Domestic and Family Violence - new initiatives to break the cycle of violence' in Budget 2016-17, Budget Measures, Budget Paper No. 2 2016-17, at page 141. Details of the 2016 election commitment are at https://www.liberal.org.au/latest-news/2016/06/21/coalition-boost-domestic-violence-frontline-services.
Key actions will include:
* establishing alternative accommodation for women escaping domestic violence. An expression of interest process will be used to generate new approaches. This will be followed by a restricted competitive grant process to engage providers to deliver innovative proposals;
* working with the financial counselling and financial capability sector to equip workers to better recognise and respond to the needs of women who have experienced domestic violence. The delivery method may include open, restricted competitive or direct selection processes;
* developing and delivering service delivery models to meet the needs of women with disabilities, and women who are non-citizens or migrants, for integrated, wrap around services relating to domestic violence. The delivery method may include open competitive, restricted competitive or direct grant selection processes;
* developing and delivering training to disability sector workers in identifying, and supporting the needs of women with disability who experience violence. An existing provider will be provided additional funding through a direct grant process to develop an additional disability sector stream of the DV-alert - domestic violence response training program.
The decision-maker for expenditure under the item is the Minister for Social Services, or a nominated departmental delegate.
Grants will be made in accordance with the Commonwealth Grants Rules and Guidelines. Grant selection processes will utilise the standard grant model of the Department of Social Services, including the use of selection processes such as open, restricted competitive, direct and expression of interest selection processes. Information on grant availability and processes, including eligibility criteria and the application process, will be published on the website of the Department of Social Services at www.dss.gov.au/grants. Procurements undertaken by the Department of Social Services will be made in accordance with the Commonwealth Procurement Rules, and information on procurement processes will be published on the website of the Department of Social Services at www.dss.gov.au. A complaints service is available for applicants and grant recipients. They can contact the complaints service listed on the website with complaints about the Department's service(s), the selection process or about the service provided by the Department's grant recipients.
In addition to the Department's complaints service, applicants are able to seek review from the Commonwealth Ombudsman. No further merits review is considered appropriate given that some funds are allocated on a competitive selection process involving a limited pool of funds for allocation. For other types of selection processes, providers will be selected based on their unique specialised experience and expertise in addressing family and domestic violence as well as having a demonstrated record of providing high quality service. The re-making of a decision under merits review would necessarily affect allocations available to other parties and would affect the timely execution of funding agreements to be entered into for expenditure that needs to occur in 2016-17.
Funding will come from Sub-program 2.1.5: National Initiatives, which is part of Program 2.1: Families and Communities, which comes under Outcome 2. Details are set out in the Portfolio Budget Statements 2016-17, Budget Related Paper No. 1.15a, Social Services Portfolio, at page 64.
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 aliens power (section 51(xix));
* the immigration power (section 51(xxvii)); and
* the external affairs power (section 51(xxix)).
New table item 201 establishes legislative authority for the Government to fund the establishment of a complaints mechanism for the non-consensual sharing of intimate images (revenge pornography) and strategies to counter the influence of pornography, particularly on young people.
This includes:
* establishing an online mechanism for people to report instances of their intimate images being disseminated without their consent;
* providing support to such people; and
* developing and implementing evidence-based strategies to change the attitudes and behaviours of young people with respect to the broader impacts of pornography, including the dissemination of intimate images.
The activities are part of the Third Action Plan of the National Plan and will be administered by the Department of Social Services and the OCESC, within the Communications and the Arts portfolio.
Funding for these measures is part of the Government's $100 million announced for initiatives to break the cycle of violence against women and children that was included in the 2016-17 Budget. Details are set out in the measure 'Domestic and Family Violence - new initiatives to break the cycle of violence' in Budget 2016-17, Budget Measures, Budget Paper No. 2 2016-17, at page 141. Details of the 2016 election commitment are also at https://www.liberal.org.au/latest-news/2016/06/28/additional-support-victims-revenge-porn-and-domestic-violence.
The OCESC will be responsible for the complaints mechanism and related support. The delivery method may include use of open/competitive or limited tenders, existing standing offers or direct sourcing procurements. Support will be provided though online advice and information to those affected by the non-consensual sharing of intimate images.
The Department of Social Services will be responsible for developing and implementing strategies to change the attitudes and behaviours of young people with respect to the dissemination of intimate images. An existing provider will be funded through a direct grant process to counter the impact of pornography with targeted information and educational resources to shift attitudes and behaviours in young people.
The decision-makers for expenditure relating to their respective responsibilities are the Minister for Social Services and the Minister for Communications, or a nominated departmental delegate. All expenditure will be undertaken in accordance with relevant legislation and policies, including the Public Governance, Performance and Accountability Act 2013.
Grants for measures implemented by the Department of Social Services will be made in accordance with the Commonwealth Grants Rules and Guidelines. Grant selection processes will utilise the standard grant model of the Department of Social Services, including the use of selection processes such as open, restricted competitive, direct and expression of interest selection processes. Information on grant availability and processes, including eligibility criteria and the application process, will be published on the website of the Department of Social Services at www.dss.gov.au/grants. Procurements undertaken by the Department of Social Services will be made in accordance with the Commonwealth Procurement Rules, and information on procurement processes will be published on the website of the Department of Social Services at www.dss.gov.au.
The Department of Social Services' complaints service is available for applicants and grant recipients. They can contact the complaints service listed on the website with complaints about the Department's service(s), the selection process or about the service provided by the Department's grant recipients.
In addition to the Department's complaints service, applicants are able to seek review from the Commonwealth Ombudsman. No further merits review is considered appropriate given that some funds are allocated on a competitive selection process involving a limited pool of funds for allocation. For other types of selection processes, providers will be selected based on their unique specialised experience and expertise in addressing family and domestic violence as well as having a demonstrated record of providing high quality service. The re-making of a decision under merits review would necessarily affect allocations available to other parties and would affect the timely execution of funding agreements to be entered into for expenditure that needs to occur in 2016-17.
Procurements undertaken by the OCESC will be made in accordance with the Commonwealth Procurement Rules. This may include use of open or limited tenders, existing standing offers or direct sourcing. Procurement information and decisions will be publicly available on the AusTender website: www.tenders.gov.au.
A complaints service and merit review service is available through the Australian Communications and Media Authority (ACMA) which manages the OCESC's procurements. All unsuccessful applicants from procurement processes related to market opportunities are offered feedback if requested. Unsuccessful applicants seeking merit reviews will be dealt with through the official complaints processes of the ACMA: www.acma.gov.au/theACMA/About/Corporate/Accountability/feedback-complaints-about-acma-service-acma.
Funding for the OCESC's activities will come from the ACMA's Program 1.3: Office of the Children's eSafety Commissioner, which is part of Outcome 1. Details are set out for the ACMA in Table 1.2 at page 76, Table 1.3 at page 77 and Table 2.2.1 at page 81 of the Portfolio Additional Estimates Statements 2016-17, Communications and the Arts Portfolio.
Funding for the Department of Social Services' activities will come from Sub-program 2.1.5: National Initiatives, which is part of Program 2.1: Families and Communities, which comes under Outcome 2. Details are set out in the Portfolio Budget Statements 2016-17, Budget Related Paper No. 1.15a, Social Services Portfolio, at page 64.
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)); and
* the external affairs power (section 51(xxix)).
Commonwealth Numbered Regulations - Explanatory Statements