Commonwealth Numbered Regulations - Explanatory Statements
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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATION 2012 (NO. 8) (SLI NO 248 OF 2012)
EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 248
Subject - Financial Management and Accountability Act 1997
Financial Management and Accountability Amendment Regulation 2012 (No. 8)
The Financial Management and Accountability Act 1997 (FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.
Subsection 65(1) of the FMA 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.
The Regulation amends the Financial Management and Accountability Regulations 1997 (the Principal Regulations) to amend one program description and add one new Government program to Part 4 of Schedule 1AA to ensure that there is legislative authority for this spending activities under these programs.
To respond to the High Court decision in Williams v Commonwealth [2012] HCA 23, the Financial Framework Legislation Amendment Act (No.3) 2012 established legislative authority in section 32B of the FMA Act for the Government to spend on the grants and programs listed in Schedule 1AA of the Principal Regulations.
Further details on the Regulation are set out in the Attachment.
The FMA Act specifies that no conditions need to be met before the power to make the Regulation may be exercised.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulation commences on the day after the Regulation is registered on the Federal Register of Legislative Instruments.
Consultation
In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the relevant parts of the Department of Education, Employment and Workplace Relations. The Australian Government Solicitor also provided advice on the amendment to Schedule 1AA in the Principal Regulations.
A regulation impact statement is not required as the Regulation only applies to FMA Act Agencies, and does not adversely affect the private sector.
Statement of Compatibility with Human Rights
The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Human Rights Act).
The amendments do not engage any of the rights or freedoms outlined in the Human Rights Act, such as encompassed in the International Covenant on Civil and Political Rights (ICCPR). The amendments do not limit any human rights, nor establish any new offences or penalties.
Authority: Subsection 65(1) of the Financial Management and Accountability Act 1997
ATTACHMENT
Details of the Financial Management and Accountability Amendment Regulation 2012 (No. 8)
Section 1 - Name of Regulation
This section provides that the title of the Regulation is the Financial Management and Accountability Amendment Regulation 2012 (No. 8), as made under section 65 of the Financial Management and Accountability Act 1997 (the FMA Act).
Section 2 - Commencement
This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 - Amendment of the Financial Management and Accountability Regulations 1997
This section provides that the Principal Regulations are amended as set out in Schedule 1.
Schedule 1 - Amendments
Schedule 1 amended the Principal Regulations to ensure there is legislative authority for Government spending in the Education, Employment and Workplace Relations portfolio by: amending the description of an existing program (item 1) and adding a new program (item 2) in Part 4 of Schedule 1AA.
Item [1] - Schedule 1AA, item 407.050
This item amended the program description for a Department of Education, Employment and Workplace Relations program in Schedule 1AA of the Principal Regulations to ensure that the legislative authority is broad enough to support payment arrangements for the Mature-Age Participation--Job Seeker Assistance Program (existing item 407.050). Currently the program objective limits access to these payments to assist re-entry to the workforce to people aged 55 years and over. The program includes 4 subprograms to assist job seekers aged 45 years and over to continue in the workforce.
This item amends the title of the program in item 407.050 to be "Mature-age work participation -assistance" and broadens the program objective so that it will provide authority for spending for the following subprograms:
* Experience + Jobs Bonus - $10 million (over four years) to assist employers who offer a genuine, ongoing employment opportunity for mature age job seekers. The Jobs Bonus will be payable after the mature age person has been employed for at least 13 weeks.
* Corporate Champions - $15.6 million to assist employers across Australia (small, medium and large) to receive one-on-one assistance to review their current human resource practices. The program aims to attract employers who make a public commitment to move toward a better practice in employing people aged 45 years and over.
* Mature Age Communications Strategy - funding for communication and promotion of better practice in workplace diversity by working with key employers, industry groups and stakeholders to drive the national conversation about workplace diversity and mature age workers, including through a series of national seminars and educational materials.
* Mature Age Participation - Job Seeker Assistance Program - job preparation assistance for eligible participants, including refresher or basic training in information technology and help to use social media tools.
Mature-age work participation - assistance is part of Program 3.1 (Employment Services) of the Department of Education, Employment and Workplace Relations described in the Education, Employment and Workplace Relations Portfolio Budget Statements 2012-13, Budget Related Paper No 1.6 at pages 84-86.
Item [2] - Schedule 1AA, item 407.071 Centre for Workplace Leadership Fund
This item added a new program to Schedule 1AA of the Principal Regulations for the Department of Employment, Education and Workplace Relations, to provide legislative authority for payments to be made to the Centre for Workplace Leadership Fund (new item 407.071).
The Centre for Workplace Leadership will be established independently from Government following a request for proposals process. The aim of the Centre will be to improve leadership and management practices in Australian workplaces. The Secretary of the Department of Education, Employment and Workplace Relations is to be part of an Advisory Group that will provide advice to Government and to the Centre on the key issues and strategies to assist the Centre reach and assist workplaces across the country.
Payments for the Centre for Workplace Leadership Fund will be made as part of Program 4.2 (Workplace Assistance) of the Department of Education, Employment and Workplace Relations described in the Education, Employment and Workplace Relations Portfolio Budget Statements 2012-13, Budget Related Paper No 1.6 at pages 103-104.
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