Details of the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulation 2016

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulation 2016.

 

Section 2 - Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislation. 

 

Section 3 - Authority

 

This section provides that the Regulation is 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 Regulation.

 

Schedule 1 - Amendments

 

Item 2 - Part 4 of Schedule 1AB (table)

 

This item adds two new table items to Part 4 of Schedule 1AB that establish legislative authority for government spending on activities to meet the Commonwealth's commitments under the Third Action Plan 2015-18 for the National Framework for Protecting Australia's Children 2009-2020.  The Third Action Plan 2015-18 was publicly released on 9 December 2015.  The activities will be administered by the Department of Social Services.

 

New table item 157 establishes legislative authority for the Government to fund the Building Capacity in Australian Parents (BCAP) Trial.  The trial will implement new early intervention and prevention approaches to reach vulnerable cohorts, improve their future economic and social outcomes, and reduce the likelihood of persons requiring costly support services later in life.

 

The BCAP trial will target vulnerable children whose parents have mental health problems, or are in gaol, or are experiencing significant stress.  The aim of the BCAP trial is to build parenting skills and aspirations in the first 1,000 days of a child's life. 

 

The trial will be delivered by grants to community sector organisations.  The trial will support the implementation of the first strategy under the Third Action Plan which involves a focus on early intervention in the first 1000 days for a child.  The trial will target vulnerable children.  The aim is to build parenting skills and aspirations for parents who have mental health problems, are in gaol, or are otherwise disadvantaged.  A local area coordinator will be funded to look at service gaps, improve support services for parents, and better train service staff to respond to the needs of parents.  Two locations with low service uptake by vulnerable families will be selected for the trial.  Further information about the BCAP trial, including program guidelines, is available on the DSS website at www.dss.gov.au.

 

Funding of $1.2 million over four years was allocated to the trial in the 2016-17 Budget.

 

The decision-maker for grants made under this initiative is the Minister for Social Services or a nominated departmental delegate in accordance with the Public Governance, Performance and Accountability Act 2013 (PGPA Act).  Grants will be made in accordance with the Commonwealth Grants Rules and Guidelines (CGRGs).  Information on successful grants is available on the DSS website at www.dss.gov.au.  Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of funding.

 

The trial is part of Program 2.1: Families and Communities, which comes under Outcome 2: Families and Communities - Stronger families and more resilient communities by developing civil society and by providing family and community services.  Funding details are set out in the Portfolio Budget Statements 2016-17, Social Services Portfolio.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the new item references the external affairs power (section 51 (xxix)) of the Constitution.

 

New table item 158 establishes legislative authority for the Government to fund the Towards Independent Adulthood (TIA) Trial.  The trial will implement new early intervention and prevention approaches to reach vulnerable cohorts, improve their future economic and social outcomes and reduce the likelihood of people requiring costly support services later in life.

 

The trial will support young people as they transition from out-of-home care to achieve steady economic, social and cultural development and full productive employment so that their risk of long-term welfare dependency in adulthood is minimised. 

 

The Third Action Plan states that the Commonwealth will trial ways of improving support to young people by better utilising available data, and delivering intensive case management including wrap-around services linking to education, health and housing, working with jurisdictions.  The TIA Trial was developed to meet this commitment by providing support to young people as they transition from out-of-home care into adulthood.

 

The trial will be delivered by grants to community sector organisations.  The TIA Trial is a place based intensive case management trial, delivering mentoring and targeted supports by funding a number of personal advisors over a three year period, to provide intensive supports to young people aged between 15 and 18 years of age as they transition from formal care.  Personal advisors will assist them in gaining life skills for independent living and accessing housing, education, training, employment and specialist support and services, as required, to ensure that the young people establish and maintain an appropriate standard of living.  The support will also include securing priority access to government funded support services.  Further information about the TIA trial, including program guidelines, is available on the DSS website at www.dss.gov.au.

 

Funding of $3.9 million over four years was allocated to the trial in the 2016-17 Budget, providing assistance to 70 to 80 young people.

The decision-maker for grants made under this initiative is the Minister for Social Services or a nominated departmental delegate in accordance with the PGPA Act.  Grants will be made in accordance with the CGRGs.  Information on successful grants is available on the DSS website at www.dss.gov.au.  Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of funding.

 

The trial is part of Program 2.1: Families and Communities, which comes under Outcome 2: Families and Communities - Stronger families and more resilient communities by developing civil society and by providing family and community services.  Funding details are set out in the Portfolio Budget Statements 2016-17, Social Services 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 external affairs power (section 51(xxix));

*         the social welfare power (section 51(xxiiiA));

*         the communications power (section 51(v));

*         the Commonwealth executive power (section 61); and

*         the Territories power (section 122).

 

 

 

 

 

 

 

 

 

 

 

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 (Social Services Measures No. 2) Regulation 2016

 

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

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. 

 

The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013. 

 

Schedule 1 to the Regulation amends the Principal Regulations to establish legislative authority in Schedule 1AB for spending by the Government to provide funding for activities to meet the Commonwealth's commitments under the Third Action Plan 2015-18 for the National Framework for Protecting Australia's Children 2009-2020.  The Third Action Plan 2015-18 was publicly released on 9 December 2015.  Funding details were announced in the 2016-17 Budget.

 

The activities implement new early intervention approaches to reach vulnerable cohorts and improve their future economic and social outcomes.  The activities are:

*         the Building Capacity in Australian Parents Trial, which targets vulnerable children whose parents have mental health problems, or are in gaol, or are experiencing significant stress, with the aim of building parenting skills and aspirations in the first 1,000 days of a child's life; and

*         the Towards Independent Adulthood Trial, which supports young people as they transition from out-of-home care to achieve steady economic, social and cultural development and full productive employment, and minimise their risk of long-term welfare dependency.

 

The activities will be administered by the Department of Social Services. 

 

The Minister for Social Services has portfolio responsibility for these activities.

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

Conclusion

 

This Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance