Details of the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulations 2017

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulations 2017.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after registration 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 Schedules to the Regulations.

 

Schedule 1 - Amendments

 

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

 

This item adds a new table item to Part 3 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997 for an activity that will be administered by the Department of Veterans' Affairs.

 

New table item 16 establishes legislative authority for the Government to provide funding to Phoenix Australia - Centre for Posttraumatic Mental Health (Phoenix Australia) for the establishment of the Centenary of ANZAC Centre (the Centre).  The aim of the Centre will be to improve mental health outcomes for former Australian Defence Force members. 

 

Funding of $6 million over four years from 2016-17 will be provided to Phoenix Australia to establish and provide services through the Centre, comprising:

*         a Treatment Research Centre; and

*         a Practitioner Support Service.

 

The Treatment Research Centre will be Australia's leading centre of research in veteran and military mental health.  It will undertake pioneering research into posttraumatic stress disorder (PTSD) and other complex mental health problems, and test innovative treatment and early intervention models.  It will also integrate and translate research findings from Australia and around the world to generate improvements in veteran and military mental health policies, programs and treatments.

 

 

The Practitioner Support Service will provide expert advice, consultation and supervision through a network of national specialists to guide practitioners who are supporting veterans with complex mental health problems, thereby improving outcomes and reducing waiting times in busy clinical practices.  It will use state of the art techniques, such as telepsychiatry, to connect experts with clinicians throughout the country, ensuring the best advice and support is available in order to improve mental health outcomes for veterans.

 

Phoenix Australia is a non-government organisation and leading authority in veteran and military mental health internationally.  It has a strong research and evaluation background and provides expertise in policy and service development in addition to education and training.

 

This 2016 election commitment was announced in The Coalition's Policy to Support Veterans and Their Families and in the joint media release of 11 August 2016, 'Government Supports Veterans and ADF Personnel', by the Prime Minister, the Minister for Veterans' Affairs, and the then Minister for Health and Aged Care.

 

The funding was included in the 2016-17 Mid-Year Economic and Fiscal Outlook.  Details are set out in the Mid-Year Economic and Fiscal Outlook 2016-17, under the measure, 'Support for Veterans and Their Families' at page 199.

 

Funding for this activity will come from Program 2.5: Veterans' Counselling and Other Health Services, which is part of Outcome 2.  Details are set out in the Portfolio Additional Estimates Statements 2016-17, Defence Portfolio (Department of Veterans' Affairs) at page 18.

 

A restricted non-competitive grant, to be determined by ministerial decision, will be provided in accordance with the Commonwealth Grants Rules and Guidelines (CGRGs).  The Minister for Veterans' Affairs will be the decision-maker for the grant.  Phoenix Australia will be required to comply with the Centenary of ANZAC Centre Grant Program Guidelines. 

 

Funding will be provided in accordance with the Public Governance, Performance and Accountability Act 2013 and the CGRGs.  Funding will be expended in accordance with a grant agreement entered into between the Department of Veterans' Affairs and Phoenix Australia.

 

The awarding of the grant to Phoenix Australia will be published on the Department of Veterans' Affairs website within fourteen days of the grant agreement taking effect.  This information will be able to be accessed at http://www.dva.gov.au/consultation-and-grants/grants/approved-grants-list.

 

Given the targeted, non-competitive nature of the funding to be provided to Phoenix Australia, merits review is not applicable in the circumstances.

 

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

*         the defence power (section 51(v));

*         the social welfare power (section 51(xxiiiA)); and

*         the Commonwealth executive power (section 61).

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 (Veterans' Affairs Measures No. 1) Regulations 2017

 

These Regulations are 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 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. 

 

Schedule 1 to the Regulations amends Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the Government to provide funding to Phoenix Australia - Centre for Posttraumatic Mental Health (Phoenix Australia) for the establishment of the Centenary of ANZAC Centre (the Centre).  The aim of the Centre will be to improve mental health outcomes for former Australian Defence Force members. 

 

Funding of $6 million over four years from 2016-17 will be provided to Phoenix Australia to establish and provide services through the Centre, comprising:

*         a Treatment Research Centre; and

*         a Practitioner Support Service.

 

The Minister for Veterans' Affairs has portfolio responsibility for this matter which will be administered by the Department of Veterans' Affairs.

 

Human rights implications

 

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

These Regulations are compatible with human rights as they do not raise any human rights issues.

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance