Details of the Financial Framework (Supplementary Powers) Amendment
(Social Services Measures No. 1) Regulations 2020
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 1) Regulations 2020.
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 4 of Schedule 1AB (table)
This item adds two new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities that will be administered by the Department of Social Services (the department).
New table item 403 establishes legislative authority for government spending on the Continuity of Support (CoS) Fund.
In December 2012, the Council of Australian Governments (COAG) committed to provide CoS to people with disability who receive government funded services to ensure they were not disadvantaged during the transition to the National Disability Insurance Scheme (NDIS). The Australian, state and territory governments have also committed, through bilateral agreements, to provide CoS for existing clients of Commonwealth and state funded disability programs who are ineligible for the NDIS.
There are 17 Commonwealth disability programs that are transitioning clients and funding to the NDIS. The department administers 12 of these programs and the Department of Health (Health) administers the remaining five. Seven of the programs administered by the department will be supported through the CoS Fund and CoS for the National Auslan (Australian Sign Language) Interpreter Booking and Payment Service (NABS) from 1 July 2020.
The CoS Fund and CoS for NABS are two of five CoS packages announced in the 2018-19 Budget. The remaining three CoS packages will provide support for:
* existing clients of transitioning mental health programs (Personal Helpers and Mentors, Partners in Recovery, and Support for Day to Day Living programs);
* existing Mobility Allowance recipients; and
* those in carer programs (Respite Support for Carers of Young People with Severe or Profound Disability, Young Carers Respite and Information Services, and Mental Health Respite and Carer Support).
The CoS packages were initially to commence on 1 July 2019. Due to slower than expected transition, existing Commonwealth funded disability programs have been extended to 30 June 2020 to allow further time for clients to transition to the NDIS. CoS arrangements will now commence from 1 July 2020.
The CoS Fund and CoS for NABS will assist existing Commonwealth disability program clients to achieve similar outcomes to those they were aiming to achieve before the NDIS.
The CoS Fund will assist approximately 1,600 existing clients of the following seven Commonwealth disability programs that will cease on 30 June 2020:
* Better Start for Children with Disability;
* Helping Children with Autism;
* Outside School Hours Care for Teenagers with Disability;
* Remote Hearing and Vision Services for Children;
* Work Based Personal Assistance;
* Younger Onset Dementia Key Worker Program; and
* Disability Employment Assistance.
Better Start for Children with Disability (Better Start) program
The Better Start program provides children aged zero to six years diagnosed with eligible disability, with access to funding of up to $12,000 to assist with the costs of early intervention services to help them achieve their potential. Early intervention services are currently available through providers registered on the Early Intervention Service Provider Panel. Children and their families can access a range of best practice therapies and resources, including occupational therapists, psychologists and physiotherapists.
Individualised funding under the Better Start program will cease on 30 June 2020. If a current client is ineligible for the NDIS, they may be eligible for CoS.
If a child is ineligible for the NDIS they may be able to access mainstream support and services. The Early Childhood Partners, through the NDIS Early Childhood Early Intervention approach, may also assist families with access to local support and services. Children may also be eligible for Medicare items to access assessment, diagnosis services and therapies through a range of allied health professionals.
The current Better Start Registration and Information Service provider is responsible for registering eligible children for the Better Start program and providing their parents/carers with information and resources available through the program, as well as other early intervention support and services. They also provide parents/carers with information and support to transition their children to the NDIS.
The CoS for Better Start approach seeks to ensure current clients, ineligible for the NDIS, are supported to achieve similar outcomes.
Helping Children with Autism (HCWA) program
The HCWA program supports children aged zero to six years diagnosed with Autism Spectrum Disorder, with access to funding of up to $12,000 to assist with the costs of early intervention services to help them achieve their potential. Early intervention services are available through providers registered on the Early Intervention Service Provider Panel. Children and their families can access a range of best practice therapies and resources, including occupational therapists, psychologists and physiotherapists.
Individualised funding under the HCWA program will cease on 30 June 2020. If a current client is ineligible for the NDIS, they may be eligible for CoS. Similar to the Better Start program, if a child is ineligible for the NDIS they may be able to access mainstream support and services.
The current HCWA providers are responsible for registering eligible children for the HCWA program and providing their parents/carers with information and resources available through the program, as well as other early intervention support and services. They also provide parents/carers with information and support to transition their children to the NDIS.
The CoS for HCWA approach seeks to ensure current clients, ineligible for the NDIS, are supported to achieve similar outcomes.
Outside School Hours Care for Teenagers with Disability (OTD) program
The objective of the OTD program is to provide teenagers between the ages of 12 to 18 years who have a permanent and significant disability, with access to services through stimulating, age-appropriate activities that build social, recreational and life skills. These activities are provided before and after school and during school holidays. The expected outcome of the OTD program is to improve the wellbeing and social and economic participation of clients and their families and carers.
The OTD program is a defined program, which means that the aims and objectives and the entry requirements for this program align closely with the NDIS. It is expected that all clients of a defined program (except non-residents) will be eligible for the NDIS as they are deemed to meet the disability requirements. However, there is flexibility within the CoS Fund to support any potential CoS for OTD clients.
There are currently 18 OTD providers who provide before and after school, and school holiday care through the program to 30 June 2020. OTD providers are also supporting clients by assisting with NDIS applications and facilitating NDIS information sessions or one-on-one support.
The CoS for OTD approach seeks to ensure current clients, ineligible for the NDIS, are supported to achieve similar outcomes.
Remote Hearing and Vision Services for Children (RHVSC) program
The RHVSC program supports children and teenagers up to the age of 18 years who have a hearing and/or vision impairment and receive specialist allied health and education services. The program objective is to provide high quality, internet-based video conferencing in community areas and family homes. The expected outcome is to allow children and their families access to real time developmental and therapeutic information, and guidance and support from qualified allied health and education services where access to such expertise would otherwise be scarce. The RHVSC program is a defined program provided by a single provider. The current provider is also assisting clients to transition to the NDIS.
The CoS for RHVSC approach seeks to ensure current clients, ineligible for the NDIS, are supported to achieve similar outcomes.
Work Based Personal Assistance (WBPA) program
The objective of the WBPA program is to allow people with disability or medical condition who require assistance with personal care to work in the open workforce. As such, it contributes towards increased employment of people with disability in the workplace. The program provides regular support in the workplace through the administration of medical interventions or provision of assistance such as feeding by mouth or tube, or personal hygiene such as care of a catheter.
The WBPA program is delivered by Disability Employment Service (DES) providers primarily through the NDIS. It is also available for DES or Disability Employment Assistance program clients who are ineligible for a package of support through the NDIS. CoS for WBPA will be available for existing job seeker clients who have been found ineligible for the NDIS, and will continue to be administered by existing DES providers from 1 July 2020. DES providers have current grant agreements until June 2023.
Younger Onset Dementia Key Worker Program (YODKWP)
The objective of the YODKWP program is to support people under the age of 65 years with younger onset dementia through a key worker to provide support, information, counselling and advice to help them engage with services appropriate to their needs. The expected outcome of the program is that people with younger onset dementia will receive tailored and flexible support that will meet their needs.
The YODKWP program is a defined program provided by a single provider. The current provider is also assisting clients to transition to the NDIS.
The CoS for YODKWP approach seeks to ensure current clients, ineligible for the NDIS, are supported to achieve similar outcomes.
Disability Employment Assistance (DEA) program
The DEA program provides support and services for employees with moderate to severe disability working in an Australian Disability Enterprise to enable them to participate in and retain paid employment. Employees funded through the DEA program who do not meet the NDIS eligibility requirements due to their age, residency, citizenship or disability, will be eligible for CoS for the DEA program. Legislative authority for spending on CoS for the DEA program will be provided by the Disability Services Act 1986.
Funding of $92.1 million for CoS packages, including the CoS Fund and CoS for NABS, was announced in the 2018-19 Budget under the measure 'National Disability Insurance Scheme - continuity of support' over a period of five years from 2017-18. Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 176.
Grant funding through the CoS Fund will be subject to a number of ad hoc selection processes for the delivery of CoS from 1 July 2020. Grants will be made in accordance with the Commonwealth Grants Rules and Guidelines 2017. Grant selection processes will utilise the standard grant model of the department. Information on grant availability and processes, including eligibility criteria and the application process is published on the department's website at www.dss.gov.au/grants. Communication products, such as fact sheets and frequently asked questions, will also be developed for affected clients and providers and made publicly available on the department's website at www.dss.gov.au. Grants will be administered through the Community Grants Hub.
Final funding decisions will be made by the relevant delegate of the Minister for Families and Social Services. Decisions will be made in accordance with the Commonwealth Grants Rules and Guidelines 2017 and the applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013. Information about the outcomes of the grant opportunities for the programs supported through the CoS Fund will be published on GrantConnect at www.grants.gov.au.
Decisions regarding the selection of grant recipients under the CoS Fund relate to the provision of ad hoc grant funding to certain service providers on a one-off basis, and therefore are not appropriate for merits review.
A complaints service is available for applicants and grant recipients. They can contact the complaints service with complaints about the department's service(s) and the selection process.
The guaranteed right of review under section 75(v) of the Constitution, and review under section 39B of the Judiciary Act 1903 is available. Where appropriate, people affected by spending decisions will have recourse to the Commonwealth Ombudsman if they consider the response from the department is unsatisfactory.
The department is working with all providers of the transitioning programs to help potentially eligible clients to transition to the NDIS before 30 June 2020. A number of communication activities are underway to communicate the transition process to current program providers, as well as program clients, their families and carers.
Consultation has also been undertaken with the Department of the Prime Minister and Cabinet, the Department of the Treasury, the Australian Government Solicitor, and the National Disability Insurance Agency. Relevant business areas in the department have also been consulted.
Funding for the CoS Fund of around $9.7 million in 2020-21 and reduced funding in subsequent years will come from Program 3.2: National Disability Insurance Scheme, which is part of Outcome 3: Disability and Carers. Program details are set out in the Portfolio Additional Estimates Statements 2019-20, Social Services Portfolio at pages 77 and 80.
More information about CoS arrangements for the above programs is available at www.dss.gov.au/disability-and-carers/transitioning-to-the-ndis.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the sickness benefits aspect of the social welfare power (section 51(xxiiiA)) of the Constitution.
Social welfare power (section 51(xxxiiiA))
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits including sickness and hospital benefits. The CoS Fund provides for the payment of funds to eligible persons with disability, in some instances, via an intermediary, to enable them to purchase services.
New table item 404 establishes legislative authority for government spending on the Continuity of Support (CoS) for the National Auslan (Australian Sign Language) Interpreter Booking and Payment Service (NABS).
NABS provides accredited Auslan interpreters to deaf Auslan users free of charge when they attend private medical consultations that attract a Medicare rebate, or specified health consultations provided in a private medical practice by a General Practitioner, specialist or health professional. NABS is currently delivered by a single provider.
CoS for NABS will provide support for approximately 600 existing NABS clients who are over the age of 65 years or otherwise ineligible for the NDIS, as well as new clients over the age of 65 years who are ineligible for the NDIS. The expected outcome is that no deaf person will be disadvantaged by not having an available interpreter when attending private medical or specialist health appointments.
CoS for NABS will accept new clients over the age of 65 years. These people are ineligible for the NDIS due to their age.
From 1 July 2020, CoS for NABS will be delivered through a single provider selected through an open competitive grant opportunity.
The grant will be made in accordance with the Commonwealth Grants Rules and Guidelines 2017. Grant selection processes will utilise the standard grant model of the department. Information on grant availability and processes, including eligibility criteria and the application process is published on the department's website at www.dss.gov.au/grants. Communication products, such as fact sheets and frequently asked questions, will also be developed for affected clients and providers and made publicly available on the department's website at www.dss.gov.au.
Final funding decisions will be made by the relevant delegate of the Minister for Families and Social Services. Decisions will be made in accordance with the Commonwealth Grants Rules and Guidelines 2017 and the applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013.
Decisions regarding the selection of the CoS for NABS grant recipient relate to the allocation of finite resources and an allocation that will be made to another party would be affected by overturning the original decision, and therefore are not appropriate for merits review.
A complaints service is available for applicants and grant recipients. They can contact the complaints service with complaints about the department's service(s) and the selection process.
The guaranteed right of review under section 75(v) of the Constitution, and review under section 39B of the Judiciary Act 1903 is available. Where appropriate, people affected by spending decisions will have recourse to the Commonwealth Ombudsman if they consider the response from the department is unsatisfactory.
The department is working with all providers of the transitioning programs to help potentially eligible clients to transition to the NDIS before 30 June 2020. A number of communication activities are underway to communicate the transition process to current program providers, as well as program clients, their families and carers.
Consultation has also been undertaken with the Department of the Prime Minister and Cabinet, the Department of the Treasury, the Australian Government Solicitor, and the National Disability Insurance Agency. Relevant business areas in the department have also been consulted.
Funding for CoS for NABS of around $1 million a year from 2020-21 will come from Program 3.2: National Disability Insurance Scheme, which is part of Outcome 3: Disability and Carers. Program details are set out in the Portfolio Additional Estimates Statements 2019-20, Social Services Portfolio at pages 77 and 80.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the sickness benefits aspect of the social welfare power (section 51(xxiiiA)) of the Constitution.
Social welfare power (section 51(xxxiiiA))
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits including sickness and hospital benefits. CoS for NABS provides support for persons with physical disability, who require accredited Auslan interpreters on behalf of members of the Deaf community, doctors and health professionals for specified private health or medical appointments.
Commonwealth Numbered Regulations - Explanatory Statements