Details of the Financial Framework (Supplementary Powers) Amendment
(Social Services Measures No. 4) Regulations 2020

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 4) Regulations 2020.

 

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

 

Financial Framework (Supplementary Powers) Regulations 1997

 

Item 1 - Part 4 of Schedule 1AB (table item 356)

 

This item amends table item 356 in Part 4 of Schedule 1AB by repealing the existing table item 356 and replacing it with a new table item 'Disability Royal Commission and Other Support Services' (the program). The program is administered by the Department of Social Services (the department).

 

The amended table item 356 establishes legislative authority for government spending on the provision of support services to people with disability who have experienced violence, abuse, neglect or exploitation (and others affected by this ill-treatment) regardless of whether they are aware of, or are engaging with, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability Royal Commission). The program also provides funding for capability development for providers of these services to ensure safe and high-quality trauma-informed support for people with disability.

 

On 5 April 2019, the Prime Minister, the Hon Scott Morrison MP, and the then Minister for Families and Social Services, the Hon Paul Fletcher MP, jointly announced the establishment of the Disability Royal Commission (www.pm.gov.au/media/establishment-royal-commission-violence-abuse-neglect-and-exploitation-people-disability). The Disability Royal Commission commenced accepting submissions in July 2019 and is inquiring into several matters, including what governments, institutions and the community should do to encourage the reporting of, and prevent and better protect, people with disability from experiencing violence, abuse, neglect and exploitation.

 

The department was allocated funding to establish the Disability Royal Commission support services, such as advocacy and counselling services, which were available to people affected by, or involved with, the Disability Royal Commission. The amended table item 356 expands the provision of the support services to ensure people with disability who have experienced violence, abuse, neglect or exploitation (and others affected by this ill-treatment), regardless of whether they are aware of, or are engaging with, the Disability Royal Commission, have access to the support services.

 

This means the support services can be provided to the following non-exhaustive list of persons:

*         a person with disability who has experienced violence, abuse, neglect or exploitation;

*         a relative, carer or friend of a person with disability who has experienced violence, abuse, neglect or exploitation;

*         a person (including a paid or voluntary support worker) who has provided support or services to a person with disability who has experienced violence, abuse, neglect or exploitation in relation to their disability or ill-treatment;

*         a person who has witnessed the violence, abuse, neglect or exploitation of a person with disability;

*         a person who appears before, or makes a submission to, the Disability Royal Commission; and

*         a person traumatised or otherwise affected by the Disability Royal Commission, whether or not they participate in it.

 

Support services will continue to be disability accessible and will continue to be provided to a range of people including, but not limited to, people with intellectual disability, acquired brain injury and mental illness, Aboriginal and Torres Strait Islander peoples, and people from culturally and linguistically diverse backgrounds.

 

Providing support to this cohort earlier in their engagement pathway is necessary for effective operation of the Disability Royal Commission, as the support services could assist this cohort to better manage the impacts of the Disability Royal Commission, and would be vital in assisting people making the decision to engage with the Disability Royal Commission.

 

Counselling services will continue to be delivered in a variety of modes, including via telephone, face-to-face and online, and take into account that the recipient may have experienced a profound trauma. Counselling services will provide different geographical coverage (that is, national, state or territory-wide, or more localised) and service different cohorts, for example, be accessible by all, or focus on specific groups, such as Aboriginal and Torres Strait Islander peoples.

 

Advocacy supports will continue to include individual advocacy support, Indigenous-specific individual advocacy support (for Aboriginal and Torres Strait Islander peoples), and systemic advocacy support through disability representative organisations to support their members, which may be organisations and individuals.

 

Information and referrals will also be provided as part of the support services, particularly when this is relevant to the person's mental wellbeing. Information may include providing information to an individual about the Disability Royal Commission. A referral could link an individual to another service when they require assistance that is outside the scope of the support services, including but not limited to:

*         crisis support;

*         housing and financial services;

*         long-term trauma counselling; and

*         housing and financial counselling.

 

The existing organisations are funded to deliver the Disability Royal Commission support services until 30 June 2022 and were selected through ad hoc grant opportunities. These organisations will deliver supports to the extended cohort within their current funding amounts.

 

The department will continue to manage the design of the program through monitoring emerging requirements and the responsiveness of the market to building capability to provide these types of services, and will adjust the geographical coverage of services or service offers as necessary. The program will continue to be designed by the department, with providers of the support services selected and managed through appropriate financial arrangements.

 

The amended table item 356 also establishes legislative authority for government spending on capability development for providers of the support services and their staff, which is not covered by the existing table item 356. Funding will be provided to organisations to deliver training to, and/or develop training materials for, the support services. This may include training on trauma-informed service delivery, disability awareness or other relevant topics to support the various cohorts in scope of the Disability Royal Commission. This is to ensure the support services are safe and appropriate for the range of people in scope to receive them.

 

There may be cases where an existing service provider, who has expertise in the field, may provide training to other service providers. This may be done through an existing or varied financial arrangement with that provider.

 

Training and training materials may be provided in a variety of ways, including face-to-face or online. For example, the department is developing a 'Guide to Complex Trauma', which will be distributed electronically to providers to assist them better support people with disability who have experienced complex trauma.

 

As existing service providers are located across Australia, training may be made available nationally, by state or territory, or in a more localised setting. It may also target certain service providers, depending on the requirements of the department and development need.

 

Funding will also be provided for the delivery of Community of Practice sessions. These sessions are intended to support the capability development of counselling and advocacy services; improve service practices through the sharing of expertise, good practices and lessons learned; and encourage peer-to-peer networking. Sessions will primarily be delivered to service providers under the program, but could be expanded to providers of other Commonwealth-funded Disability Royal Commission services and disability services, and providers of equivalent services that are not funded by the Commonwealth. Community of Practice sessions which do not maintain an appropriate level of online functionality will not be included in capability development activities funded under the program.

 

Expenditure on the program may be in the form of grants or procurements. Where grants are used as the appropriate financial arrangement, the Community Grants Hub, part of the department, will administer the grants to organisations providing the services, and grant opportunity guidelines will be developed and made available on GrantConnect, in accordance with the Commonwealth Grants Rules and Guidelines 2017 (CGRGs). Grant funding will be allocated using the appropriate selection process as per the CGRGs.

 

The Minister for Families and Social Services, or the Minister's delegate, will make final grant funding decisions under the program. The department will assess each eligible and compliant application on its individual merit and make recommendations to the decision maker.

 

The outcomes of all grants awarded and funding rounds including the existing providers of the support services, are published on GrantConnect at www.grants.gov.au no later than 21 working days after the grant agreement takes effect, in accordance with the CGRGs. Grant applicants will be notified in writing of the outcomes of their applications. Unsuccessful applicants will be offered feedback on their application. Persons affected by these administrative decisions would have recourse to the Commonwealth Ombudsman where appropriate.

 

Where a procurement process is used as the appropriate financial arrangement, it will be administered in accordance with the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Commonwealth Procurement Rules (CPRs). Procurement funding decisions in relation to procuring services to provide a training session to the support services will be made by the Minister's delegate. The outcomes of all tenders subject to the CPRs will be published on AusTender (www.tenders.gov.au) where the expenditure meets the reporting thresholds as defined in the CPRs.

 

For procurements, suppliers will be able to make a written complaint about contraventions that affect the supplier's interests in line with the Government Procurement (Judicial Review) Act 2018, which establishes an independent complaint mechanism for alleged breaches of the CPRs in relation to covered procurements.

 

Funding decisions made in connection with the program are not subject to an independent merits review. This is because there is only a finite amount of resources available and an allocation that has been made to another party would be affected by a review overturning the original decision. Any delay to the funding administration would undermine the grant or procurement process and negatively impact the security of future funding for the successful applicant or supplier. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review?).

 

The guaranteed right of review under section 75(v) of the Constitution, and review under section 39B of the Judiciary Act 1903, would still be available.

 

The department has consulted with key stakeholders, including the Commonwealth government entities and non-government organisations within the disability sector (such as disability peak bodies and advocates), on the current support services. These stakeholders, including various support service providers, have been supportive of the capability development of the Disability Royal Commission support services, and raised the need for training on trauma-informed awareness, provision of support to people with disability, and provision of culturally appropriate support.

 

Consultation with key stakeholders on the expansion of the cohort to access the support services was not required, as people with disability who have experiences of violence, abuse, neglect and exploitation (and people affected by this ill-treatment) were already included in the cohort able to access the support services, albeit with some limitations. Removing the need for the cohort to have an awareness of, or engagement with, the Disability Royal Commission before they approach the support services would align with key stakeholders' expectations of who is in scope to have access to the support services.

 

Funding of $117 million for the program was included in the 2019-20 Budget under the measure 'Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability' for a period of three years commencing in 2019-20. Details are set out in Budget 2019-20, Budget Measures, Budget Paper No. 2 2019-20 at page 54.

 

Funding comes from Program 3.1: Disability Mental Health and Carers and Program 3.3: Program Support for Outcome 3, which are part of Outcome 3. Details are set out in the Portfolio Budget Statements 2019-20, Budget Related Paper No. 1.15A, Social Services Portfolio at page 25.

 

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 social welfare power (section 51(xxiiiA));

*         the race power (section 51(xxvi));

*         the external affairs power (section 51(xxix));

*         the express incidental power and the executive power (sections 51(xxxix) and 61); and

*         the territories power (section 122).

 

Communications power

 

Section 51(v) of the Constitution empowers Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'.

 

Funding may be provided for counselling services, which are delivered online, over the telephone or remotely. Funding may also be provided to deliver capability development programs and training, such as the Guide to Complex Trauma, to the extent that the program is delivered and distributed online.

 

Social welfare power

 

Section 51(xxiiiA) of the Constitution gives the Parliament the power to make laws with respect to various social welfare services and benefits, including medical services and sickness benefits.

 

Funding may be provided to services that support the provision of medical services, such as mental health services, provided for a medical purpose. For example, Community of Practice sessions that are delivered to support the provision of medical services, including mental health services. Funding may also be provided for counselling and referral services, training and capability development programs.

 

Race power

 

Section 51(xxvi) of the Constitution empowers Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'. The section supports legislation with respect to Aboriginal and Torres Strait Islander peoples.

 

Funding may be provided for counselling services as a special measure to meet the needs of Aboriginal and Torres Strait Islander peoples. This program is designed to address the special circumstances of Aboriginal and Torres Strait Islander peoples.

 

External affairs power

 

Section 51(xxix) of the Constitution gives the Parliament the power to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.

 

Convention on the Rights of Persons with Disabilities

 

Australia has obligations to promote and protect the human rights and fundamental freedoms of all persons with disabilities and to promote respect for their inherent disability.
In particular:

*         Article 4 requires States Parties 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'. Article 4(a) provides that States Parties undertake to adopt 'appropriate legislative, administrative and other measures' to this end;

*         Article 16 requires States Parties to protect persons with disabilities from all forms of exploitation, violence and abuse. Article 16(4) requires States Parties to 'take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse'; and

*         Article 29 requires States Parties to 'guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others'. Article 29(b) requires States Parties to 'promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs'.

 

Funding may be provided for face-to-face aspects of the counselling and advocacy services to the extent that they are provided to a person with disability that has been the victim of abuse, where counselling is sought to address the effects of that abuse. Funding may be provided to support aspects of capability development and training programs, such as the Guide to Complex Trauma, where the program is provided otherwise than online.

Convention on the Rights of the Child

 

Australia has obligations to respect, protect and promote the rights of each child against all forms of discrimination and punishment. In particular:

*         Article 4 requires States Parties to 'undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention';

*         Article 23 requires States Parties to recognise 'that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community'; and

*         Article 24 requires States Parties to 'recognize 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.'

 

Funding may be provided for services directed at supporting face-to-face aspects of the counselling services that are provided to a child. Funding may also be provided for advocacy services provided to support children who have been affected by violence, abuse, neglect or exploitation.

 

International Covenant on Economic, Social and Cultural Rights

 

Australia has obligations to promote the realisation of rights of people to 'freely determine their political status and freely pursue their economic, social and cultural development':

*         Article 2 provides States Parties undertake to take steps to progressively achieve 'the full realization of the rights recognized ... by all appropriate means, including particularly the adoption of legislative measures'; and

*         Article 12(1) provides that States Parties 'recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'.

 

Funding may be provided for face-to-face aspects of the counselling service provided to other persons. The service largely involves the provision of mental health counselling by qualified counsellors.

 

Executive power and express incidental power

 

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 the Parliament, the executive or the courts by the Constitution. Together with the executive power in section 61 of the Constitution, the express incidental power supports the execution and maintenance of the Constitution and the laws of the Commonwealth.

 

Funding may be provided for Community of Practice sessions.

 

Territories power

 

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'.

 

The services will provide support to persons with disability who have been affected by violence, abuse, neglect and exploitation and other persons, who have directly or indirectly, been affected by violence, abuse, neglect and exploitation towards a person with disability in the Northern Territory and the Australian Capital Territory.

 

Item 2 - 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 initiative administered by the department.

 

New table item 439 establishes legislative authority for government spending on the Village Hubs initiative under the Seniors Connected Program, which supports the establishment and operation of community-based organisations offering social, physical and other activities or opportunities to older Australians aged 55 years and over (or Indigenous Australians aged 50 years or over) living in their community, to improve mental health through the benefits of increased social and community connections.

 

The Seniors Connected Program is part of the Government's 2019 election commitment More Support for Older Australians announced on 1 May 2019. The announcement is available at https://www.liberal.org.au/latest-news/2019/05/01/more-support-older-australians. The Program encompasses two components: the Village Hubs initiative and a national phone support service for seniors. The new table item 439 provides legislative authority for government spending on the Village Hubs component.

 

The initiative will involve engaging a single organisation as a 'National Grants Manager' to administer the grant funding and enter a legally binding grant agreement with incorporated organisations that will establish and operate the new Village Hubs across Australia. Village Hubs typically provide local community membership-based mutual support for the benefit of members and build a strong community culture of support for older Australians to age well in their neighbourhood for as long as possible. The Village Hubs will provide older Australians with an opportunity to connect to an informal network of peer support for one another in the form of friendship and informal supports, such as assistance with household chores and transport to access essential services. The Village Hub projects will be evaluated to determine the effectiveness of the Village Hubs model.

 

The Village Hubs model operationalises the World Health Organization's definition of active ageing by allowing people to realise their potential for physical, social and mental wellbeing throughout the life course. The Village Hubs provide a diverse range of member-led social activities that support mental and physical wellbeing. Examples of activities include:

*         physical (walking groups, excursions and fitness classes such as yoga);

*         social (trivia, fundraising events, morning teas, lunches and dinner events);

*         learning (guest speaker programs, digital skills mentoring); and

*         arts and cultural (art classes, book club, choir).

 

The Village Hubs activities are expected to contribute to positive mental health by addressing loneliness and isolation and be:

*         inclusive and allow members to participate according to their needs, preferences and capacities, including Indigenous and culturally and linguistically diverse (CALD) members;

*         designed to minimise adverse health consequences and not be detrimental to health (i.e. the consumption of alcohol) while providing participants, who live in their community, with adequate protection, security and care; and

*         carried out in line with public health directions at the time, for example coronavirus (COVID-19), available on the Department of Health website. In some cases activities may be postponed or conducted virtually.

 

To implement the initiative, the department will engage the National Grants Manager using an open competitive grant selection process. The National Grants Manager will be required to have a good understanding of the issues experienced by older Australian populations, provide critical expertise and analysis to assist with identifying suitable communities, and undertake an independent selection process to fund eligible organisations to establish the Village Hubs.

 

The successful National Grants Manager will be expected to:

*         develop a prioritised list of communities across Australia where a Village Hub might be viable, considering:

o   population of target cohort living in the community (including consideration of Indigenous and CALD populations); and

o   research into priority areas of need among the target cohort, such as:

§  mental health, social isolation or living alone;

§  social and economic disadvantage; and/or

§  distribution across geographic areas and states/territories.

*         implement an independent grant selection process (agreed by the department) with the community organisations in the priority areas that are eligible to receive grant funding, and well placed to establish and maintain a Village Hub;

*         administer the Village Hubs grants funding effectively and efficiently and have the capacity to measure progress towards the desired outcome of improved mental health, wellbeing and self-care;

*         monitor grant recipient progress and provide guidance, support and connection to a wider Community of Practice; and

*         ensure that the grant funding is not used for activities that may be detrimental to participants' health.

 

The intended outputs of the National Grants Manager are:

*         selection, on-funding and oversight of at least 10 new Village Hubs across Australia over four years from 2020-21;

*         a Community of Practice;

*         a consolidated report on how the Village Hubs have contributed to alleviating loneliness and social isolation experienced by older Australians to achieve:

o   improved mental health, wellbeing and self-care;

o   increased levels of community participation and/or establishment of networks; and

o   increased empowerment, choice and control.

 

Total funding of $4.7 million over four years from 2020-21 will be available for the Village Hubs National Grants Manager grant opportunity, which consists of:

*         the National Grants Manager funding of $800,000 for the costs of the Village Hubs selection process, administration of on-funding grants to Village Hub host organisations (using the Village Hubs Grants Fund), oversight and reporting of the new Village Hubs and Community of Practice; and

*         the Village Hubs Grants Fund of $3.9 million for funding suitable organisations servicing at least 10 communities in suitable locations across Australia. The scope of activities, number of participants and capacity of organisations are among the factors that will be considered in determining the value of the grant to each Village Hub.

 

The Village Hubs National Grants Manager grant opportunity will be administered by the Community Grants Hub, part of the department, in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs).

 

Grant opportunity guidelines, including eligibility and assessment criteria, will be developed in accordance with the CGRGs and made available on GrantConnect at www.grants.gov.au. The department will assess each eligible and compliant application on its merit and compare it to other eligible applications. A Selection Advisory Panel, consisting of representatives from the department and the Department of Health, will make final recommendations to the decision maker. The Deputy Secretary, Families and Communities, a delegate of the Secretary of the department, will be the final decision maker of which application to approve, based on the recommendations of the Selection Advisory Panel and the available grant funds.

 

Grant funding decisions made in connection with the Village Hubs initiative will not be subject to independent merits review. This is because there is only a finite amount of resources available and an allocation that has been made to another party would be affected by a review overturning the original decision. Any delay to the administration of the funding would undermine the grant process and negatively impact the security of future funding for the successful applicant. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.14 of the guide, What decisions should be subject to merit review?).

 

Applicants will have the option of recourse via the department's complaints management system (https://www.dss.gov.au/contact/feedback-compliments-complaints-and-enquiries/complaints-page). Applicants will also have recourse to the Commonwealth Ombudsman if they are not satisfied with the departmental response.

 

Due to the COVID-19 pandemic, the department conducted multiple online consultations in early June 2020, instead of a planned face-to-face consultation forum. A group of key government, peak group and community stakeholders (including those currently operating Village Hubs in Australia) reviewed what works in the Village Hubs model and identified possible conditions and criteria for replication at new sites. The focus group sessions allowed contemplation of a user-driven design and looked at demand and needs of the current models. This has informed the proposed National Grants Manager approach and the grant opportunity guidelines.

 

The department also consulted with the Department of Health as they have policy expertise in ageing matters. The Department of Health is responsible for implementing several aspects of the More Support for Older Australians election commitment, such as a new Aged Care Workforce Research Centre and expanding the Community Visitors Scheme (CVS). The Seniors Connected Program will complement the existing CVS, which provides friendship and companionship through one-on-one volunteer visits to residents of Commonwealth-funded residential aged care facilities who are at risk of social isolation. Support to older Australians living in residential aged care is out of scope for the Village Hubs initiative.

 

Funding for the Seniors Connected Program of $10 million was included in the 2019-20 Mid-Year Economic and Fiscal Outlook under the measure 'Election Commitment - Improving Social Connections for Older Australians' for a period of four years from 2019-20. Details are set out in the Mid-Year Economic and Fiscal Outlook 2019-20, Appendix A: Policy decisions taken since the 2019 PEFO at page 274.

 

Funding of $4.7 million over four years from 2020-21 for the Village Hubs initiative of the Seniors Connected Program will come from the Financial Wellbeing and Capability component of Program 2.1: Families and Communities, which is part of Outcome 2.1. Details are set out in the Portfolio Additional Estimates Statements 2019-20, Social Services Portfolio at pages 21 and 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 external affairs power (section 51(xxix));

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

*         the territories power (section 122).

 

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 Australia's obligations under international treaties to which it is a party.

 

Australia is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) [1976] ATS 5, which gives rise to obligations in relation to the right to health and the right to participate in cultural life. In particular:

*         Article 2 requires States Parties to undertake steps to achieve the full realisation of the rights recognised in the Covenant and to guarantee that the rights recognised therein will be exercised without discrimination;

*         Article 12 requires States Parties to recognise the 'right of everyone to the enjoyment of the highest attainable standard of physical and mental health' and includes obligations to take steps towards the full realisation of this right as needed for 'the prevention, treatment and control of epidemic, endemic, occupational and other diseases';

*         Article 15(1)(a) requires States Parties to recognise the right of everyone 'to take part in cultural life'; and

*         Article 15(1)(b) imposes obligations on States Parties to facilitate the right of every person to 'enjoy the benefits of scientific progress and its applications'.

 

Expenditure on the Village Hubs initiative is to be targeted to areas where there are high levels of social isolation amongst older Australians. In doing this, the initiative will reduce the incidence of mental health problems among older Australians. 

 

Expenditure will focus on actively assisting isolated individuals to participate in cultural life and providing them with opportunities to do so. The Village Hub activities will focus on engagement opportunities to reduce isolation. Examples of activities may include:

*         physical (walking groups, excursions and fitness classes such as yoga);

*         social (trivia, fundraising events, morning teas, lunches and dinner events);

*         learning (guest speaker programs, digital skills mentoring); and

*         arts and cultural (art classes, book club, choir).

 

Communications power

 

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'.

 

Expenditure on the Village Hubs initiative assists community organisations to set up websites and support classes on how to use mobile phone or the internet, or on computer literacy generally where those classes are designed to assist seniors to use computers to access internet.

 

Territories power

 

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'.

 

Expenditure on the Village Hubs initiative may include grants to organisations in the territories.

 

 

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. 4) Regulations 2020

 

This disallowable legislative instrument 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 FF(SP) Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by 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 Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 4) Regulations 2020 amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on certain activities administered by the Department of Social Services (the department).

 

This instrument:

*         amends table item 356 in Part 4 of Schedule 1AB to replace the 'Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability - advocacy and other support services' program with the 'Disability Royal Commission and Other Support Services' program; and 

*         adds table item 439 to Part 4 of Schedule 1AB for the Seniors Connected - Village Hubs.

 

Amendment to table item 356 - Disability Royal Commission and Other Support Services

 

The amended table item 356 provides legislative authority for government spending on the Disability Royal Commission and Other Support Services (the program), which provides services to people with disability who have experienced violence, abuse, neglect or exploitation (and others affected by this ill-treatment) regardless of whether they are aware of, or are engaging with, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability Royal Commission). The program also provides funding for capability development for providers of these services to ensure safe and high-quality trauma-informed support for people with disability.

 

 

The program will enable support services to be provided to the following non-exhaustive list of persons:

*         a person with disability who has experienced violence, abuse, neglect or exploitation;

*         a relative, carer or friend of a person with disability who has experienced violence, abuse, neglect or exploitation;

*         a person (including a paid or voluntary support worker) who has provided support or services to a person with disability who has experienced violence, abuse, neglect or exploitation in relation to their disability or ill-treatment;

*         a person who has witnessed the violence, abuse, neglect or exploitation of a person with disability;

*         a person who appears before, or makes a submission to, the Disability Royal Commission; and

*         a person traumatised or otherwise affected by the Disability Royal Commission, whether or not they participate in it.

 

The program will also provide funding for capability development of providers of the support services and their staff. Funding will be provided to organisations to deliver training to, and/or develop training materials for, the support services. This may include training on trauma-informed service delivery, disability awareness or other relevant topics to support the various cohorts in scope of the Disability Royal Commission. This is to ensure the support services are safe and appropriate for the range of people in scope to receive them.

 

Human rights implications

 

The amended table item 356 engages the following rights:

*         the rights of people with disability - Articles 4, 9, 16 and 29 of the Convention on the Rights of Persons with Disabilities (CRPD); and

*         the rights of the child - Articles 4, 23 and 24 of the Convention on the Rights of the Child (CRC).

 

Rights of people with disability

 

Article 4 of the CRPD requires that States Parties take measures 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' and undertake to adopt 'appropriate legislative, administrative and other measures' to this end.

 

Article 9 of the CRPD requires that States Parties take measures to enable people with disability access to facilities and services, and to offer services that take into account all aspects of accessibility for persons with disabilities, promote appropriate forms of assistance and support to persons with disability and provide training to stakeholders.

 

Article 16 of the CRPD requires that States Parties take measures to protect persons with disabilities from all forms of exploitation, violence and abuse. 

 

Article 29 of the CRPD requires that States Parties take measures to 'guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others', and to 'promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs'.

 

The amended table item 356 is an appropriate measure in ensuring freedoms for all persons with disabilities without discrimination of any kind on the basis of disability and promotes the rights of persons with disability to be free from exploitation, violence and abuse. The amended table item 356 also promotes participation in public affairs and enables people with disability access to facilities and services.

 

Rights of the child

 

Article 4 of the CRC requires States Parties to 'undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention.'

 

Article 23 of the CRC requires States Parties to recognise 'that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.'

 

Article 24 of the CRC requires States Parties to 'recognise 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.'

 

The amended table item 356 ensures funding can be provided for counselling and advocacy services to support children who have been affected by violence, abuse, neglect or exploitation.

 

The amended table item 356 does this, consistent with Australia's obligations, by:

*         ensuring that support services, such as counselling, provision of information and referrals, are available to, and accessible by, all people with disability who have experiences of violence, abuse, neglect and exploitation and others affected by this ill-treatment;

*         creating an environment for people with disability to be provided information about and participate in the Disability Royal Commission;

*         advocating individually and systemically for people with disability who have experiences of violence, abuse, neglect and exploitation and providing information to inform future prevention; and

*         providing training, and training materials, to the support services.

 

Providing support services to people with disability who have experiences of violence, abuse, neglect and exploitation, and others affected by this ill-treatment, promotes the rights of people with disability and the rights of the child by sending a strong signal to the community as a whole about the priority placed on the rights of people with disability and the rights of children to be safe and protected.

 

This recognises that people with disability are amongst the most vulnerable people in the community and that people with disability and their support networks have the right to be protected from exploitation, violence, neglect and abuse. The support services will aim to protect the integrity of every person with disability throughout the process of engaging with the Disability Royal Commission through providing trauma-informed support.

 

Conclusion

 

The amended table item 356 is compatible with human rights because it promotes the protection of human rights.

 

Table item 439 - Seniors Connected - Village Hubs

 

New table item 439 establishes legislative authority for government spending on the Village Hubs initiative under the Seniors Connected Program, which supports the establishment and operation of community-based organisations offering social, physical and other activities or opportunities to older Australians aged 55 years and over (or Indigenous Australians aged 50 years or over) living in their community, to improve mental health through the benefits of increased social and community connections.

 

The Seniors Connected Program is part of the Government's 2019 election commitment More Support for Older Australians announced on 1 May 2019.

 

The initiative will involve engaging a single organisation as a 'National Grants Manager' to administer the grant funding and enter a legally binding grant agreement with incorporated organisations that will establish and operate the new Village Hubs across Australia. Village Hubs typically provide local community membership-based mutual support for the benefit of members and build a strong community culture of support for older Australians to age well in their neighbourhood for as long as possible. The Village Hubs will provide older Australians with an opportunity to connect to an informal network of peer support for one another in the form of friendship and informal supports, such as assistance with household chores and transport to access essential services.

 

The Village Hubs model operationalises the World Health Organization's definition of active ageing by allowing people to realise their potential for physical, social and mental wellbeing throughout the life course. The Village Hubs provide a diverse range of member-led social activities that support mental and physical wellbeing. Examples of activities include:

*         physical (walking groups, excursions and fitness classes such as yoga);

*         social (trivia, fundraising events, morning teas, lunches and dinner events);

*         learning (guest speaker programs, digital skills mentoring); and

*         arts and cultural (art classes, book club, choir).

 

The Village Hubs activities are expected to contribute to positive mental health by addressing loneliness and isolation and be:

*         inclusive and allow members to participate according to their needs, preferences and capacities, including Indigenous and culturally and linguistically diverse (CALD) members;

*         designed to minimise adverse health consequences and not be detrimental to health (i.e. the consumption of alcohol) while providing participants, who live in their community, with adequate protection, security and care; and

*         carried out in line with public health directions at the time, for example coronavirus (COVID-19), available on the Department of Health website. In some cases activities may be postponed or conducted virtually.

 

Human rights implications

 

Table item 439 engages the following rights:

*         the right to health - Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);

*         the right to equality and non-discrimination - Articles 2, 16 and 26 of the International Covenant on Civil and Political Rights (ICCPR); and

*         the right to take part in cultural life - Article 15(1) of the ICESCR.

 

Right to health

 

Table item 439 engages Article 12 of the ICESCR, which refers to the 'right of everyone to the enjoyment of the highest attainable standards of physical and mental health'.

 

The Village Hubs initiative aims to contribute to the reduction of the incidence of mental health issues amongst older Australians by addressing the contributing factors of loneliness and social isolation.

 

Right to equality and non-discrimination

 

Table item 439 also engages the right to equality and non-discrimination under Articles 2, 6 and 26 of the ICCPR. The right to equality and non-discrimination aims to ensure no one is denied their rights because of factors such as race, colour, sex, and age. Sometimes it may be necessary to treat people differently to achieve equality. This is because differences between people make it difficult for them to enjoy their rights without support.

 

The Village Hubs initiative acknowledges additional challenges faced by older Australians and aims to put in place additional support to remove barriers and improve equality and quality of life for this cohort.

 

Right to take part in cultural life

 

Table item 439 also engages the right to take part in cultural life under Article 15(1) of the ICESCR. This right aims to protect the right of individuals to enjoy their own culture. This right is engaged where there are limits on the ability of persons or certain groups to take part in cultural practice. Culture encompasses language, oral and written literature, music and song, methods of production or technology and the arts. In order to ensure enjoyment of the right to take part in cultural life, cultural services should be provided and be open for individuals to enjoy and benefit from.

 

The Village Hubs initiative is to be targeted to areas where there are high levels of social isolation amongst older Australians. The initiative will provide this cohort with opportunities to take part in social and cultural activities, and in doing this, the initiative will reduce the incidence of mental health problems among isolated older Australians. The initiative promotes this right because it will focus on actively assisting isolated individuals to participate in cultural life and providing them with opportunities to do so.

 

Conclusion

 

Table item 439 is compatible with human rights because it promotes the protection of human rights.

 

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance