Details of the Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Cities and Regional Development Measures No. 1) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Cities and Regional Development Measures No. 1) Regulations 2019.

 

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

 

Item 1 -  In the appropriate position in Part 2 of Schedule 1AB (table)

Item 2 - In the appropriate position in Part 3 of Schedule 1AB (table)

 

Items 1 and 2 add two new table items to establish legislative authority for government spending on two initiatives that will be administered by the Department of Infrastructure, Transport, Cities and Regional Development (the department).

 

New table item 12 establishes legislative authority for government spending to provide grants of financial assistance to a State or Territory. The objective of the grants is to support activities and projects to reduce deaths and injuries from road crashes in Australia.

 

New table item 35 establish legislative authority for government spending through grants of financial assistance to persons other than a State or Territory. The objective of the grants is to realise economic and social benefits through the safe and timely introduction of specific road safety initiatives.

 

The impact of road trauma is evident in programs across Federal portfolios, in business, and across the community. World's best practice in reducing road trauma recognises the need for a 'systems approach', a united effort involving all governments, business and the community to address this serious health, productivity and social issue.

 

The Government has committed funding for such grants in the 2019-20 Budget through the Road Safety Awareness and Enablers Fund and the Road Safety Innovation Fund.

 

Road Safety Awareness and Enablers Fund

 

The Road Safety Awareness and Enablers (RSAE) Fund is designed to contribute to the reduction of road trauma in Australia by increasing awareness, education and collaboration in the Australian community. The RSAE Fund supports a range of activities that give effect to national priority issues concerning road safety identified in the National Road Safety Strategy and the associated Actions Plans. The RSAE Fund will be delivered in two phases:

 

Phase 1 comprises funding of $3.3 million over four years from 2019-20 to the following recipients to support the following activities:

 

1.      Driver Reviver Australia Limited - supporting the delivery and expansion of the Driver Reviver Program, including recruiting more volunteers and promoting the Driver Reviver locations mitigating driver fatigue.

2.      Campervan and Motorhome Club of Australia - delivering driver education on interacting with other road users, especially trucks, vehicle loading and towing safety, and other related safety education campaigns. This is a safety awareness programs for drivers of recreational vehicles (i.e. caravans, campervans and motorhomes).

3.      Australasian College of Road Safety - establishing a self-sustaining International Outreach Chapter to ensure Australia is engaging with the world's best practice to eliminate road trauma. Funding may also be used by the College to assist Australia's neighbours in the Asia-Pacific region to attend international road safety conferences and events, enabling information exchanges between developing countries and world leaders in road safety.

4.      Australian Road Safety Foundation - fostering community ownership of road safety for the sponsorship of Fatality Free Friday. The next Fatality Free Friday is scheduled for 29 May 2020, an annual event since 2007. Fatality Free Friday is an Australia-wide event recognised as Australia's only national community based road safety program.

5.      Traffic Management Association of Australia - delivering a Road Worker Safety Campaign promoting safety for road workers who have been identified as a high-risk group on both urban and regional roads.

6.      Australasian College of Road Safety - supporting the annual Australasian Road Safety Conference for the Australia, New Zealand and Asia-Pacific region. The Australasian College of Road Safety has delivered the conference since 2015, supporting the implementation of the Australian National Road Safety Strategy 2011-2020 and the New Zealand Safer Journeys Strategy 2010-2020 as well as the overarching United Nations Decade of Action for Road Safety 2011-2020.

7.      Safer Australian Roads and Highways (SARAH) Group - to host the annual National Road Safety Week launch and events. The National Road Safety Week aims to highlight the impact of road trauma and ways to reduce it. It is supported by all levels of government, road safety organisations and businesses across the country.

 

Funding for Phase 1 of the RSAE Fund will take the form of a closed, one-off grant to the specific recipient who will deliver the activity. These activities will be assessed against grant guidelines and are required to meet eligibility and proposal definition criteria prior to execution of a grant agreement.

 

Funding for Phase 2 of the RSAE Fund will comprise $0.7 million over four years from 2019-20 and be delivered through a targeted and competitive grant application process.

 

The Office of Road Safety will be responsible for progressing actions to deliver the activities and grants. The Office of Road Safety will seek applications for grants offering road safety benefits through various projects.

 

The administration of the grant will be conducted in accordance with the Commonwealth grants framework, including the Commonwealth Grants Rules and Guidelines 2017 (the CGRGs). In accordance with the CGRGs, grant guidelines will be developed and made publicly available on GrantConnect (www.grants.gov.au), together with information on the grant. Recipients of grants are listed on GrantConnect in accordance with the CGRGs, paragraph 5.3.

 

The funding will be expended in accordance with the CGRGs and the Public Governance, Performance and Accountability Act 2013 (the PGPA Act). All funding decisions, including approval of the fund will be made by the departmental delegate of the responsible Minister following assessment of the grant applications against the grant guidelines by the Office of Road Safety.

 

Consistent with mandatory reporting requirements, grant awards will be reported on GrantConnect and be published on GrantConnect within 21 days of a grant agreement taking effect.

 

Grant decisions under the RSAE Fund will involve the allocation of finite resources, and as such, are not suitable for merits review because an overturned decision may affect an allocation that has already been made to another party. Further, some of the activities funded under Phase 1 involve one-off payments to service providers, and such decisions should also be excluded from merits review. Decisions will be made in accordance with the CGRGs and the Public Governance, Performance and Accountability Act 2013 (the PGPA Act). The review and audit process undertaken by the Australian National Audit Office also provides a mechanism to review Government spending decisions and report any concerns to Parliament.  Judicial review may also be available under section 39B of the Judiciary Act 1903 and section 75(v) of the Australian Constitution.

 

The initial application process for grants under Phase 2 of the RSAE Fund will fund various projects. A review process will not be offered for this stage of the grant allocation process because decisions relate to the allocation of a finite resource from which all potential claims for a share of the resource cannot be met. Review in such circumstances would not be able to provide an effective remedy as a successful application for review by one recipient would require a reduction in funding to others.

 

 

 

 

 

Road Safety Innovation Fund

 

The Road Safety Innovation (RSI) Fund comprises $12 million over four years from 2019-20 to support road safety research and the development of new road safety technologies and products.

 

A recommendation of the Inquiry into the National Road Safety Strategy 2011-2020 is to ensure road safety is a genuine part of the 'business as usual' approach for government and businesses. The RSI Fund allocates $2 million to the Office of Road Safety to provide grants to fund and coordinate research specific to the Australian context to identify the barriers to a 'business as usual' approach.

 

This allocation will fund research into strategies to reduce the cost of drug driving testing equipment and ensure Australia continues to lead on:

*         drug driving initiatives;

*         driver distraction;

*         tools to support safe vehicle procuring and purchasing practices into business, consumers and government; and

*         other measures focused on 'mainstreaming' road safety for all Australians.

 

Grant funding for the remainder of the RSI Fund ($10 million) will be offered through
several targeted, open competitive grant funding rounds over the forward estimates.
The Office of Road Safety will use an expert panel to assist with drafting the grant
guidelines and to assess the applications. The applications may require specialist technical knowledge to assess.

 

The administration of the grant will be conducted in accordance with the Commonwealth grants framework, including the Commonwealth Grants Rules and Guidelines 2017 (the CGRGs). In accordance with the CGRGs, grant guidelines will be developed and made publicly available on GrantConnect (www.grants.gov.au), together with information on the grant. Recipients of grants are listed on GrantConnect in accordance with the CGRGs, paragraph 5.3.

 

The funding will be expended in accordance with the CGRGs and the PGPA Act. All funding decisions, including approval of the fund will be made by the departmental delegate of the responsible Minister following assessment of the grant applications against the program guidelines by the Office of Road Safety.

 

Consistent with mandatory reporting requirements, grant awards will be reported on GrantConnect and be published on GrantConnect within 21 days of a grant agreement taking effect.

 

Grant decisions under the RSI Fund will involve the allocation of finite resources, and as such, are not suitable for merits review because an overturned decision may affect an allocation that has already been made to another party. Decisions will be made in accordance with the CGRGs and the PGPA Act. The review and audit process undertaken by the Australian National Audit Office also provides a mechanism to review Government spending decisions and report any concerns to Parliament.  Judicial review may also be available under section 39B of the Judiciary Act 1903 and section 75(v) of the Australian Constitution.

 

Funding for the RSAE Fund and the RSI Fund will come from Program 2.1: Surface Transport and Program 2.2 Road Safety, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2019-20, Budget Related Paper No. 1.12, Infrastructure, Regional Development and Cities Portfolio at pages 33-42.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose/objective of the items reference the following powers of the Constitution:

*         the interstate and international trade and commerce power (s 51(i))

*         the territories power (s 122)

*         the power to grant financial assistance to States (s 96)

*         the Commonwealth executive power and the express incidental power (s 61 and s 51(xxxix)), including the nationhood aspect

*         the census and statistics power (s 51(xi))

*         the external affairs power (s 51(xxix))

*         the races power (s 51(xxvi)

*         the aliens power (s 51(xix))

*         the communications power (s 51(v)).

 

Interstate and international trade and commerce power

 

Section 51(i) of the Constitution empowers the Parliament to make laws with respect to 'trade and commerce with other countries, and among the states'.

 

The RSAE Fund and the RSI Fund will include expenditure relating to the road toll and safety issues arising in relation to interstate transport, such as new technology that will increase safety on interstate highways.

 

Territories power

 

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. This head of power supports grants to self-governing Territories, the payment of funds to a person in a Territory or for research, etc, in relation to a Territory.

 

The RSAE Fund and the RSI Fund will include expenditure in relation to Territories, such as to grant proponents within Territories.

 

Power to grant financial assistance to States

 

Section 96 of the Constitution empowers the Parliament to 'grant financial assistance to any State on such terms and conditions as the Parliament thinks fit'.

 

The RSAE Fund and the RSI Fund will include expenditure in relation to road safety which may be made by way of grants to the States.

 

Executive power and express incidental power, including the nationhood aspect

 

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. Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation other than by the Commonwealth.

 

The RSAE Fund and the RSI Fund will include expenditure relating to the Commonwealth seeking information and commissioning research in order to inform itself and commissioning research for the purposes of addressing road safety as a matter of national concern and affecting the public health. It will also involve disseminating information about road safety and raising public awareness and understanding of the issue.

 

Census and statistics power

 

Section 51(xi) of the Constitution empowers the Parliament to make laws with respect to 'census and statistics'. This head of power supports expenditure on any project or activity that is directed at collecting data or compiling and analysing data.

 

The RSAE Fund and the RSI Fund will include expenditure relating to the collection and analysis of data relating to national road safety.

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. This head of power supports expenditure on matters external to Australia and matters of international concern.

 

The RSAE Fund and the RSI Fund will involve providing funding for representatives of countries in the Asia-Pacific region to attend conferences, and to enable collaboration and engagement internationally in relation to road safety.

 

Race power

 

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'.

 

The RSAE Fund and the RSI Fund may involve expenditure directed at addressing road safety issues relating to indigenous Australians.

 

Aliens power

 

Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to 'naturalization and aliens'.

 

The RSAE Fund and the RSI Fund may include expenditure in relation to foreign road users, for example, to raise their awareness of the Australian Road Rules.

 

Communications power

 

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

 

The RSAE Fund and the RSI Fund will fund proposals that use or are based on the internet or other communications infrastructure or media.

 

Item 3 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

New table item 365 establishes legislative authority for government spending on the Women in Aviation program to fund activities to encourage more women to pursue careers in the aviation sector.

 

The funded activities would raise the profile of aviation career opportunities for women, including female secondary and tertiary students, as well as women considering a career transition, through work with key industry stakeholders. This would include targeted outreach to school and university students, as well as an ambassador program with associated media coverage.

 

The funding will be used to facilitate opportunities at a range of conferences, workshops, careers events and student outreach activities to promote program themes and to provide career materials to events promoting aviation career opportunities to women.

 

The program aims to increase female participation rates in the industry, which are currently low, and it would help to address the shortage of suitably qualified commercial pilots and engineering personnel.

 

Specific activities would include:

*         Promotional opportunities will be procured at national, state and local events conducted by aviation sector organisations experienced in addressing the issues of promoting aviation careers to women.

*         School and university events promoting the aviation industry and providing information about career opportunities to women, to be conducted by experienced industry organisations.

*         Promotional material including written industry-focussed careers material for use by careers counsellors and provided to women students at school and career events.

*         Supporting networking events conducted by industry organisations bringing interested students and industry stakeholders together.

*         Supporting other similar events and activities that emerge during discussions with industry.

*         Developing a public communications strategy to provide the community with further access to a range of information and further links concerning career opportunities for women in aviation. 

 

Expenditure under this item will mainly involve the procurement of goods and services under the Commonwealth's resource management and procurement frameworks, in accordance with the Public Governance, Performance and Accountability Act 2013, the Public Governance, Performance and Accountability Rule 2014, the Commonwealth Procurement Rules (CPRs), and departmental procurement requirements and processes.

 

Suitable procurement methods will be selected in accordance with the requirements set out in the Commonwealth's procurement framework and based on the value and type of each procurement activity. The evaluation criteria for each procurement will be published as appropriate for the procurement method selected, and will also be in line with the requirements set out in the Commonwealth's procurement framework, for example, the assessment criteria for any open tender procurement processes will be published on AusTender (www.tenders.gov.au). Given the variation in goods and services to be procured, all available methods will be considered (open tender, prequalified tender and limited tender).

 

The persons responsible for procurement decisions will vary depending on the size and nature of the procurement, but all decisions will be made by the appropriate Departmental delegate based on the size and nature of the decision.

 

Information about procurement decisions will be provided publicly in accordance with the CPRs (e.g. contracts greater than $10,000 and not subject to a confidentiality agreement will be listed on www.tenders.gov.au).

 

Funding decisions made in connection with the program are not suitable for independent review because such decisions relate to the procurement of goods and services. Procurement decisions will be made in accordance with the Commonwealth resource management framework, in the manner set out above, to ensure that such decisions achieve value for money.

 

In addition, decisions made in connection with the program are not for the purpose of conferring benefits (financial or otherwise) on individual persons or companies, but apply broadly for the benefit of the broader Australian community. In other words, the program will seek to provide economic and social benefits for the community more generally, as a result of the improved rate of women seeking information about careers in aviation. 

Depending on the value of the procurement activities, procurements may also be subject to the Government Procurement (Judicial Review) Act 2018 (Cth).

 

No merits review will be provided for procurements. In the context of the Administrative Review Council's document What decisions should be subject to merit review?, a decision to procure the services of one provider involves the allocation of finite resources between competing applicants, and an allocation that has already been made to another party would be affected by overturning the original decision. As the funding is limited, any reversal of a decision on whether a party is successful or not will then cause the displacement of, and disadvantage to, another successful party. It would not be feasible for the department to make such decisions subject to independent merit review.

 

Funding of $4.0 million over four years from 2018-19 was agreed to in the 2018-19 MYEFO under the measure Women in the Aviation Industry. Funding for this item will come from Program 2.3: Air Transport, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2019-20, Budget Related Paper No. 1.12, Infrastructure, Regional Development and Cities Portfolio at page 37.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose/objective of the item references the following powers in the Constitution:

*   the interstate and international trade and commerce power (s 51(i))

*   the external affairs power (s 51(xxix))

*   the communications power (s 51(v))

*   the Commonwealth executive power and the express incidental power
(s 61 and s 51(xxxix)).

 

Interstate and international trade and commerce power

 

Section 51(i) of the Constitution empowers the Parliament to make laws with respect to 'trade and commerce with other countries, and among the states'.

 

By supporting female participation in the aviation industry, the program will foster, enhance and maintain air navigation between Australia and other countries and among the States.

 

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 international obligations under treaties to which it is a party. 

 

Australia has international obligations relating to the elimination of all forms of discrimination against women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In particular:

*         Article 2 requires State Parties to 'condemn discrimination against women in all its forms' and 'agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women'. Article 2(b) provides that State Parties undertake to adopt 'appropriate legislative and other measures' towards this outcome.

*         Article 3 provides that State Parties 'shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men'.

*         Article 10 requires State Parties to take 'all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women' and to ensure that the 'the same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training' as well as 'the elimination of any stereotyped concept of the roles of men and women'.

*         Article 11 provides that State Parties shall 'take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights'.

*         Article 14 provides that State Parties 'shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas' and 'shall take all appropriate measures to eliminate discrimination against women in rural areas.'

 

The program promotes female participation in the traditionally male-dominated aviation industry, including outreach to support young girls and women across regional and remote Australia. The measure relates to a broad range of activities that will raise the profile of aviation career opportunities for women through work with key industry stakeholders, and targeted outreach to school and university students.

 

Further, Australia has international obligations under the ILO Convention (No 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142). In particular:

*         Article 1(1) of the ILO Convention 142 obliges Members to 'adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment'. Article 1(2) requires that the policies and programmes adopted for the purposes of Article 1(1) take due account of matters including 'employment needs, opportunities and problems, both regional and national' (Article 1(2)(a)).

*         Article 2 of the ILO Convention 142 obliges each Member to 'establish and develop open, flexible and complementary systems of general, technical and vocational education, educational and vocational guidance and vocational training, whether these activities take place within the system of formal education or outside it'.

*         Article 3 of the ILO Convention 142 obliges each Member to 'gradually extend its systems of vocational guidance, including continuing employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to all children, young persons and adults' (Article 3(1)). Such information and guidance is required to cover matters including 'vocational training and related educational opportunities' (Article 3(2)).

*         Article 4 of the ILO Convention 142 obliges each Member party to 'gradually extend, adapt and harmonise its vocational training systems to meet the needs for vocational training throughout the life of both young persons and adults in all sectors of the economy and branches of economic activity and at all levels of skill and responsibility'.

 

Australia also has international obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR). In particular:

*         Article 2(1) of the ICESCR obliges each State Party to take steps 'to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures'.

*         Article 3 requires parties to ensure equal access of these rights for men and women.

*         Article 6(1) of the ICESCR provides that States Parties recognise the 'right to work' and Article 6(2) provides that States Parties shall take steps 'to achieve the full realization of this right' including 'technical and vocational guidance and training programmes, policies and techniques to achieve ... full and productive employment.'

 

The program provides vocational guidance to young people. The funding will be used mainly to purchase opportunities at a range of conferences, workshops, careers events and student outreach activities to promote program themes and to provide career materials to students promoting aviation career opportunities to women. This will include targeted outreach to school and university students and programs such as ambassador and leadership programs.

 

Communications power

 

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

 

The program may include the development and dissemination of information about aviation careers and opportunities for women via the internet or other communications infrastructure or electronic mediums. 

 

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

 

The program will inform Commonwealth policy development and strategies to achieve Commonwealth policy objectives about women in aviation.

 

 

 

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 (Infrastructure, Transport, Cities and Regional Development Measures No. 1) Regulations 2019

 

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 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 Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Cities and Regional Development Measures No.1) Regulations 2019 amend Schedule 1AB to the FF(SP) Regulations to add three new table items to establish legislative authority for government spending on initiatives that are administered by the Department of Infrastructure, Transport, Cities and Regional Development (the department).

 

This instrument adds the following table items to Schedule 1AB

*   Part 2: table item 12 for Grants to Improve Road Safety in Australia;

*   Part 3: table item 35 for Grants to Improve Road Safety in Australia; and

*   Part 4: table item 365 for Women in Aviation.

 

Table items 12 and 35 Grants to Improve Road Safety in Australia

 

Funding will be provided for grants to improve road safety in Australia. The Government committed in the 2019-20 Budget for such grants to be made through the:

*         Road Safety Awareness and Enablers Fund, which is designed to contribute to the reduction of road trauma in Australia by increasing awareness, education and collaboration around these issues in the Australian community. The Government has committed $4 million over four years from 2019-20; and

*         Road Safety Innovation Fund, which will aim to improve road safety by funding the development of innovative solutions and approaches. Activities eligible for funding may include undertaking peer-reviewed research, road safety management and community engagement initiatives, and development of new road safety technologies and products. The Government has committed $12 million over four years from 2019-20 for the Road Safety Innovation Fund - grants program including mainstreaming road safety.

 

The Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development has portfolio responsibility for these matters. 

Human rights implications

 

Table items 12 and 35 engage the right to life, which is set out in Article 6 of the International Covenant on Civil and Political Rights (ICCPR) and Article 1 of the Second Optional Protocol to the ICCPR. The right to life has three core elements:

*         prohibiting the state from arbitrarily killing a person;

*         imposing an obligation on the state to protect people from being killed by others or identified risks; and

*         imposing on the state a duty to undertake an effective and proper investigation into all deaths where the state is involved.

 

Road trauma has been identified as a significant public health issue in Australia. Table items 12 and 35 will be used to fund programs that aim to reduce road trauma and therefore protect people in the Australian community from being killed or injured on Australian roads.

 

Table items 12 and 35 are compatible with the right to life because it promotes the second element of the right to life, by supporting funding measures that aim to protect people from being killed by road trauma, which has been identified as a significant risk to human life in Australia.

 

Conclusion

 

Table items 12 and 35 are compatible with human rights because, to the extent that it engages with human rights, it promotes the protection of human rights.

 

Table item 365 Women in Aviation

 

The Women in the Aviation Industry program relates to a broad range of activities that will raise the profile of aviation career opportunities for women through work with key industry stakeholders, and targeted outreach to school and university students. It will encourage more women to pursue careers in the aviation sector. With the widely-reported shortage of suitably qualified commercial pilots and engineering personnel, against a backdrop of low female participation rates, this proposal will work towards addressing major industry trends and issues. 

 

Human rights implications

 

Table item 365 engages the following rights:

*         Rights to equality and non-discrimination in Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

 

Article 3 of CEDAW provides that 'States Parties shall take in all fields, in particular in the political, social, economic and cultural fields' appropriate measures 'to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men'.

 

The Women in Aviation program will promote female participation in the traditionally male-dominated aviation industry, thus supporting the implementation of this right.

 

Conclusion

 

Table item 365 is compatible with human rights because it promotes the protection of human rights.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

 

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