FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (SOCIAL SERVICES MEASURES NO. 2) REGULATIONS 2017 (F2017L00561) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (SOCIAL SERVICES MEASURES NO. 2) REGULATIONS 2017 (F2017L00561)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment
(Social Services Measures No. 2) Regulations 2017

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies.  The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations).  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

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

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

 

The Regulations amend the objective of existing table item 52 in Part 4 of Schedule 1AB to the Principal Regulations.  Table item 52 establishes legislative authority for the Government to fund the Disability and Carer Service Improvement and Sector Support Program which is administered by the Department of Social Services.

 

The Program aims to promote greater public understanding and awareness of the lives of people with disability and carers; promote and protect the rights and dignity of people with disability and carers; and foster support for their participation in all aspects of community life.  The Program provides grants to fund activities that focus on broad organisational, sectoral and social impacts which improve the lives of people with disability and carers.

 

The amendment adds 'electronic communications' to the objective of the table item.  Eligible entities, including service providers, national organisations, business and community organisations, and not-for-profit organisations, can receive funding under the Program where they undertake electronic media campaigns which seek to raise awareness of people with disability and carers.

 

Details of the Regulations are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.  The Regulations commence on the day after registration on the Federal Register of Legislation. 

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Social Services.

 

A regulation impact statement is not required as the Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector.

 

 

 

 

 

 


Details of the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) 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. 2) 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 - Part 4 of Schedule 1AB (at the end of the cell at table item 52, column headed "Objective(s)")

 

This item amends table item 52 in Part 4 of Schedule 1AB which establishes legislative authority for the Government to fund the Disability and Carer Service Improvement and Sector Support (DCSISS) Program.

 

The DCSISS Program funds organisations to promote greater public understanding and awareness of the lives of people with disability and carers; promote and protect the rights and dignity of people with disability and carers; and foster support for their participation in all aspects of community life.  The DCSISS Program commenced in its current form in 2014.

 

The DCSISS Program provides grants to fund activities that focus on broad organisational, sectoral and social impacts which improve the lives of people with disability and carers. Funding under this program is not generally provided for the provision of services directly to individuals or families.  Funded activities may include representation and systemic advocacy, policy analysis and program development, research and consultation, awareness raising, information dissemination, sector development, secretariat roles and funding for operational (or core) support to grant recipients to foster capacity building and sector sustainability.

 

The DCSISS Program provides opportunities for people with disability, carers, researchers, service providers, business and community organisations to undertake work to improve the lives of people with disability and carers.  Under the Program, funding is provided to eligible entities, including service providers, national organisations, business and community organisations, and not-for-profit organisations.

 

Funding under this Program is provided for: disability and carer peak bodies; the National Disability and Carers Advisory Council; the Business Services Wage Assessment Tool (BSWAT) Payment Scheme, and transitioning arrangements; support for the National Disability Strategy; international travel for people with disability in support of Australia's obligations under the United Nations Convention on the Rights of Persons with Disabilities; and support for the international day for people with disability including the National Disability Awards.

 

This is delivered through grants focused on one or all of the following objectives:

 

The amendment adds 'electronic communications' to the objective of the table item.  Eligible entities can receive government funding under the Program where they undertake electronic media campaigns.  The campaigns may seek to increase public awareness of people with disability and carers.  For example, campaigns may seek to recognise the contribution made by millions of carers across Australia, increase public awareness of carers and the issues that affect them, and to better enable carers to seek services and support.

 

The DCSISS Program funds a diverse range of activities.  Funding decisions will be made at various times throughout the funding period.  The Department of Social Services will engage a mix of selection processes to achieve the objectives and priorities of the DCSISS Program.  These selection processes include open competitive selection processes, restrictive competitive selection processes, direct selection processes and expressions of interest. 

 

The Department's Community Grants Hub Assessment Centre will undertake assessments of applications for grant funding against the selection criteria in the DCSISS Program Guidelines.  Applicants will be able to review the selection criteria before submitting a proposal for funding. 

 


 

Information on the grant funding available under the DCSISS Program, including how to apply, will be published on the Department's website at www.dss.gov.au and the Community Grants Hub website at www.communitygrants.gov.au, along with the DCSISS Program Guidelines, frequently asked questions and the selection criteria. 

 

The Secretary of the Department or his/her delegate makes final decisions about the grant expenditure.  All grant processes will be undertaken in accordance with the requirements of the Commonwealth Grants Rules and Guidelines.  The outcomes of the grant processes and progress updates on the projects will be published at www.dss.gov.au.

 

The DCSISS Program is not suitable for independent merits review.  Since there will be limited funds available for the DCSISS Program, only some service providers will receive funding.  The re-making of a decision under merits review may affect funding provided to other applicants and cause delays in finalising funding decisions for other providers, which would affect the timely provision of support services to people with disability.

 

Decisions will be made in accordance with the Commonwealth Grants Rules and Guidelines and the applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013.  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 DCSISS Program.  People affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

 

Funding for the DCSISS Program comes from Sub-program 3.1.4: Disability and Carer Service Improvement and Sector Support, which is part of Program 3.1: Disability, Mental Health and Carers, which comes under Outcome 3.  Funding details of $192.2 million for the DCSISS Program over four years from 2016-17 are set out in the Portfolio Additional Estimates Statements 2016-17, Social Services Portfolio at page 77.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the amended item would now also reference the communications power (section 51(v)) of the Constitution.

 

Under section 51(v) of the Constitution, the Commonwealth has power to legislate with respect to 'postal, telegraphic, telephonic and other like services'.

 

The DCSISS Program provides funding for a range of eligible entities including service providers, national organisations, business and community organisations, and not-for-profit organisations through grants focused on sector development, stakeholder engagement, service improvement and sponsorship activities.

 

Among the many activities for which eligible entities may receive funding is the delivery of electronic media campaigns which seek to raise awareness of people with disability and carers, and issues affecting these groups.  For example, the Carers Week, an initiative of Carers Australia funded under the DCSISS Program, includes electronic media campaigns to highlight the contribution made by millions of carers across Australia.  The Carers Week seeks to recognise and celebrate the contribution of carers, increase public awareness of carers and the issues that affect them, and better enable carers to seek services and support.  Many of these awareness-raising activities are conducted and promoted through electronic media campaigns including through the websites of the Carers Week at www.carersweek.com.au or Carers Australia at www.carersaustralia.com.au.

 

 

 


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) Regulations 2017

 

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 existing table item 52 in Part 4 of Schedule 1AB.  This table item establishes legislative authority for the Government to fund the Disability and Carer Service Improvement and Sector Support Program which is administered by the Department of Social Services. 

 

The Program aims to promote greater public understanding and awareness of the lives of people with disability and carers, promote and protect the rights and dignity of people with disability and carers, and foster support for their participation in all aspects of community life.  Under the Program, funding is provided to eligible entities, including service providers, national organisations, business and community organisations, and not-for-profit organisations.

 

The amendment adds 'electronic communications' to the objective of the table item.  Eligible entities can receive funding under the Program where they undertake electronic media campaigns.  The campaigns may seek to recognise the contribution made by millions of carers across Australia, increase public awareness of carers and the issues that affect them, and to better enable carers to seek services and support.

 

The Minister for Social Services has responsibility for the Program.

 

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

 

 

 


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