Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend Schedule 1AB of the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for spending activities administered by the Department of Social Services and the Department of Health.
Administered by: Finance
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 28A
Registered 08 Apr 2019
Tabling HistoryDate
Tabled HR02-Jul-2019
Tabled Senate02-Jul-2019
Date of repeal 17 Sep 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulations 2019

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 04 April 2019

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Mathias Cormann

Minister for Finance and the Public Service

 

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Financial Framework (Supplementary Powers) Regulations 1997                                             2

 


1  Name

                   This instrument is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulations 2019.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

9 April 2019

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Financial Framework (Supplementary Powers) Act 1997.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Financial Framework (Supplementary Powers) Regulations 1997

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

Insert:

 

337

Overseas Adoption Services

To provide support for:

(a) persons ordinarily resident in Australia who were adopted from a foreign country; and

(b) children who are being adopted from a foreign country by adoptive families ordinarily resident in Australia; and

(c) the adoptive families of persons mentioned in paragraphs (a) and (b);

by providing the following:

(d) counselling, relationship education and support to address family relationship issues arising in connection with undertaking an overseas adoption process;

(e) counselling, relationship education and support to address past adoption experiences that can be characterised as preventing or treating a mental illness;

(f) information, counselling and support to overseas adoptees and their adoptive families in relation to the process of tracing biological family.

This objective also has the effect it would have if it were limited to measures:

(a) in connection with the use of postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution); or

(b) in relation to the provision of sickness benefits or medical services (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(c) to give effect to Australia’s obligations under one or more of the following:

(i) the Convention on the Rights of the Child, particularly Articles 4, 7, 18, 21 and 23;

(ii) the Convention on the Protection of Children and Co‑operation in Respect of Intercountry Adoption, particularly Articles 5 and 9;

(iii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2, 10 and 12;

(iv) the International Covenant on Civil and Political Rights, particularly Articles 2 and 23; or

(d) in relation to places, persons, matters or things external to Australia or matters affecting Australia’s relations with foreign countries.

338

Continuity of Support—Community Mental Health Services

To fund Primary Health Networks to provide support and care for persons with mental illness who are ineligible for the National Disability Insurance Scheme.

This objective also has the effect it would have if it were limited to measures:

(a) which provide, or are incidental to the provision of, sickness benefits or medical services (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(b) to give effect to Australia’s obligations under either or both of the following:

(i) the Convention on the Rights of Persons with Disabilities, particularly Articles 4, 19, 25 and 26;

(ii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12.

339

Social Impact Investing—Payment by Outcomes Trials (supporting employment opportunities for unemployed or underemployed persons)

To provide funding to non‑government or private sector organisations to conduct and evaluate the effect of measures that are directed to achieving either or both of the following outcomes:

(a) supporting unemployed and underemployed persons into employment by providing those persons with educational and training programs, and other support, directly related to helping them to find paid employment;

(b) supporting the development of microenterprises by, and therefore employment opportunities for, unemployed and underemployed persons;

This objective also has the effect it would have if it were limited to measures:

(a) providing, or incidental to the provision of, unemployment benefits (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(b) to give effect to Australia’s obligations under any of the following:

(i) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2, 6, 11 and 12;

(ii) the International Labour Organization’s Convention concerning Employment Policy, particularly Articles 1 and 2;

(iii) the International Labour Organization’s Convention concerning the Organisation of the Employment Service, particularly Articles 1 and 2;

(iv) the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources, particularly Articles 1 to 4.

340

Social Impact Investing—Payment by Outcomes Trials (supporting the development and wellbeing of children)

To give effect to Australia’s obligations under the Convention on the Rights of the Child, particularly Articles 4, 6(2), 18(2), 19, 27(3), 28(1) and 29(1), by providing funding to non‑government or private sector organisations to conduct and evaluate the effect of projects that support the development and wellbeing of children, including by building skills of parents and guardians to further the development of the children in their care.

341

Safe places for women and children affected by domestic and family violence

To fund:

(a) the construction, alteration, extension or renovation of emergency accommodation for women and children affected by domestic and family violence; and

(b) the supply or installation of facilities or equipment related to such accommodation.

This objective also has the effect it would have if it were limited to providing funding or support for measures:

(a) to give effect to Australia’s obligations under one or more of the following:

(i) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 2, 3, 5 and 16;

(ii) the Convention on the Rights of the Child, particularly Articles 3, 4, 19, 34 and 36;

(iii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 11;

(iv) the Convention on the Rights of Persons with Disabilities, particularly Articles 4, 6, 15 and 16; or

(b) taken in, or in relation to, a Territory.

342

Specialised family violence services

Both of the following:

(a) to prevent domestic and family violence and to support victims of such violence by delivering:

(i) support and assistance to victims of domestic and family violence; and

(ii) assistance to perpetrators of domestic and family violence to change their violent behaviour; and

(iii) education campaigns directed at preventing domestic and family violence; and

(iv) education to individuals and groups about domestic and family violence, including by delivering education programs about being in healthy and non‑violent relationships; and

(v) support for families affected by domestic and family violence;

(b) to prevent domestic and family violence in Indigenous communities and to support Indigenous victims of such violence by delivering the support, assistance and education mentioned in subparagraphs (a)(i) to (iv) in a manner targeted to Indigenous persons.

This objective also has the effect it would have if it were limited to providing funding or support for measures:

(a) with respect to postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution); or

(b) which provide, or are incidental to the provision of, medical services, or unemployment, or sickness benefits (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(c) with respect to Indigenous Australians and particular groups of Indigenous Australians; or

(d) to give effect to Australia’s obligations under one or more of the following:

(i) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 2, 3, 5 and 16;

(ii) the Convention on the Rights of the Child, particularly Articles 3, 4, 19, 34 and 36;

(iii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2, 11 and 12;

(iv) the Convention on the Rights of Persons with Disabilities, particularly Articles 4, 6, 15 and 16;

(v) the International Covenant on Civil and Political Rights, particularly Articles 2, 7 and 9; or

(e) done in the exercise of the executive power of the Commonwealth; or

(f) taken in, or in relation to, a Territory.

343

Conducting and disseminating research into domestic, family and sexual violence

Conducting research for the Commonwealth into the prevalence of, attitudes towards and interventions that reduce domestic and family violence, and sexual violence, and disseminating such research, including online.

This objective also has the effect it would have if it were limited to providing funding or support for measures:

(a) with respect to postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution); or

(b) with respect to census and statistics; or

(c) to give effect to Australia’s obligations under one or more of the following:

(i) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 2, 3, 5 and 16;

(ii) the Convention on the Rights of the Child, particularly Articles 3, 4, 19, 34 and 36;

(iii) the International Covenant on Civil and Political Rights, particularly Articles 2, 7 and 9;

(iv) the Convention on the Rights of Persons with Disabilities, particularly Articles 4, 6, 15 and 16; or

(d) done in the exercise of the executive power of the Commonwealth; or

(e) taken in, or in relation to, a Territory.

344

Support for Trafficked People Program

To provide legal, medical, housing and other support to people who are reasonably suspected of being victims, and people who are reasonably considered to be at risk of becoming victims, of offences under Division 270 or 271 of the Criminal Code.

This objective also has the effect it would have if it were limited to providing funding or support for measures:

(a) which provide, or are incidental to the provision of, medical services, or unemployment, pharmaceutical or sickness benefits (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(b) with respect to aliens (within the meaning of paragraph 51(xix) of the Constitution); or

(c) with respect to immigration or emigration; or

(d) to give effect to Australia’s obligations under one or more of the following:

(i) the United Nations Convention Against Transnational Organized Crime, particularly Articles 1, 25, 26, 27 and 31;

(ii) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, particularly Articles 1, 6 and 9;

(iii) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 2, 3, 5 and 16;

(iv) the Convention on the Rights of the Child, particularly Articles 4, 19, 32, 34, 35 and 36;

(v) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, particularly Articles 8 and 9;

(vi) the International Covenant on Civil and Political Rights, particularly Articles 2, 7, 8 and 23;

(vii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2, 6, 10 and 11;

(viii) the International Labour Organization’s Convention Concerning Forced or Compulsory Labour, particularly Article 1;

(ix) the International Convention to Suppress the Slave Trade and Slavery, particularly Article 2;

(x) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, particularly Article 1; or

(e) done in the exercise of the executive power of the Commonwealth; or

(f) taken in, or in relation to, a Territory.

345

Implementation of the Fourth Action Plan to Reduce Violence against Women and Children

To prevent domestic, family and sexual violence and reduce the effect of such violence by the following:

(a) developing a national strategy to prevent domestic, family and sexual violence, in coordination with the States and Territories and non‑government organisations;

(b) establishing a prevention hub to bring together governments, experts, the community sector and corporate partners to oversee, coordinate and target prevention measures;

(c) funding measures designed to change attitudes supportive of domestic, family and sexual violence against women and children, and effectively reduce the incidence and impact of such violence in Australia;

(d) delivering training for students, workers and volunteers to assist them to support women and children who are at risk of, or are victims of, domestic, family and sexual violence;

(e) supporting the development of community‑led strategies to prevent domestic, family and sexual violence, including for women and children, disabled people, people from culturally and linguistically diverse backgrounds and Indigenous people;

(f) providing training, advice and resources to journalists and media professionals to improve reporting of domestic, family and sexual violence;

(g) developing, disseminating and promoting national standards:

(i) for first responders, other workers and volunteers to use when responding to victims of sexual violence; and

(ii) for the support of victims of sexual violence; and

(iii) for the rehabilitation of perpetrators of sexual violence.

This objective also has the effect it would have if it were limited to providing funding or support for measures:

(a) with respect to postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution); or

(b) with respect to Indigenous Australians and particular groups of Indigenous Australians; or

(c) with respect to immigrants or aliens; or

(d) to give effect to Australia’s obligations under one or more of the following:

(i) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 2, 3, 5 and 16;

(ii) the Convention on the Rights of the Child, particularly Articles 3, 4, 19, 34 and 36;

(iii) the International Covenant on Civil and Political Rights, particularly Articles 2, 7 and 9;

(iv) the Convention on the Rights of Persons with Disabilities, particularly Articles 4, 6, 15 and 16; or

(e) done in the exercise of the executive power of the Commonwealth; or

(f) taken in, or in relation to, a Territory.