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

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

Dated 18 May 2017

Peter Cosgrove

GovernorGeneral

By His Excellency’s Command

Mathias Cormann

Minister for Finance

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Financial Framework (Supplementary Powers) Regulations 1997

1  Name

  This instrument is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 2) Regulations 2017.

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.

19 May 2017

Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 3 of Schedule 1AB (table)

Insert:

 

17

Mental Health in Multicultural Australia

To strengthen the capacity of individuals, communities and health service providers to address the mental health needs of Australia’s culturally and linguistically diverse population (including immigrants and refugees) in a culturally inclusive and responsive manner.

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

(a) to give effect to Australia’s obligations under:

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

(ii) the Convention on the Rights of Persons with Disabilities, particularly Article 8; or

(b) in connection with electronic and telephonic communications; or

(c) relating to immigrants or aliens; or

(d) in the exercise of the executive power of the Commonwealth.

18

Grant to Surf Life Saving Australia

To fund Surf Life Saving Australia to boost its capacity to deliver preventative safety measures at local beaches by:

(a) investing in technology upgrades; and

(b) expanding volunteer training opportunities; and

(c) improving skills development for existing supervisors, trainers and assessors; and

(d) expanding recruitment and recognition of supervisors, trainers and assessors.

This purpose also has the effect it would have if it were limited to measures peculiarly adapted to the government of a nation and that cannot otherwise be carried out for the benefit of the nation.

 

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

Insert:

 

216

Quality Use of Pathology

To provide funding to ensure the quality and accessibility of pathology services.

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

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

(b) to give effect to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12.

217

Youth Cancer Services

To provide funding:

(a) to assist multidisciplinary teams to provide information and support to young people living with cancer and to link them with appropriate services; and

(b) to provide facilities for treatment and support for young people living with cancer, including social and emotional support; and

(c) to implement a national minimum data set on young people living with cancer; and

(d) to facilitate access to clinical trials by young people living with cancer; and

(e) to develop and implement national and local strategies to support the delivery of high quality youth cancer services.

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

(a) to give effect to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(b) providing, or incidental to the provision of, medical services (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(c) involving the collection, compilation, analysis or dissemination of statistics; or

(d) that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.

218

Health Workforce Program

To strengthen the capacity of the health workforce to deliver high quality care by:

(a) facilitating the appropriate supply of health professionals, including general practitioners, nurses and allied health professionals; and

(b) fostering the capability and qualification of health professionals; and

(c) supporting health professionals and students who are Aboriginal persons, Torres Strait Islanders or aliens; and

(d) addressing health workforce shortages in regional, rural and remote Australia;

to the extent that these measures:

(e) provide assistance to Aboriginal persons, Torres Strait Islanders or aliens; or

(f) provide, or are incidental to the provision of, pharmaceutical, sickness and hospital benefits, medical services and benefits to students (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(g) are taken in the exercise of the executive power of the Commonwealth; or

(h) give effect to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12, or

(i) are in connection with electronic communications; or

(j) involve the granting of financial assistance to a State or Territory.

219

Promoting a Sustainable and Flexible Mental Health Care Nursing Workforce

To fund an organisation to deliver:

(a) an education program to improve mental health knowledge and skills in the primary health care nurse workforce; and

(b) a program to facilitate the transition of specialist mental health nurses between acute, community and primary health care settings.

This objective also has the effect it would have if it were limited to measures to give effect to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12.

 

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

Insert:

 

227

Tobacco Control Initiatives and Activities to Reduce Tobacco Prevalence and Harm

To provide funding for tobacco control initiatives and activities that support the Commonwealth’s tobacco control priorities, including by:

(a) developing, implementing and evaluating tobacco control measures, including graphic health warnings; and

(b) contributing to the work carried out under the auspices of the WHO Framework Convention on Tobacco Control; and

(c) improving and supporting collaboration and cooperation among stakeholders, including through:

(i) the sponsorship of international and national conferences relating to tobacco control; and

(ii) the funding of stakeholders (including tobacco control organisations such as nongovernment organisations working to promote tobacco control and cessation) to assist them to carry out their functions.

This objective also has the effect it would have if it were limited to providing funding for measures to give effect to Australia’s obligations under the WHO Framework Convention on Tobacco Control.