Details of the Financial Framework (Supplementary Powers) Amendment
(Social Services Measures No. 6) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 6) Regulations 2019.

 

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 a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the Department of Social Services (the department).

 

On 1 May 2019, the Government announced funding of $10 million to develop a Seniors Connected Program (the program) to address the silent battle of loneliness as part of the More Support for Older Australians package. Two components are to be supported under the program: expanding a national phone support service; and the expansion of a village hub services based on the Waverton Hub model.

 

New Table item 382 establishes legislative authority for government spending for a Senior Connected - Phone Support service component, which aim to alleviate feelings of loneliness and social isolation amongst older Australians, supporting them to live independently in their own homes for longer.

 

Loneliness affects thousands of older Australians every day. A report undertaken by the Australian Institute of Health and Welfare in September 2019 found "Social isolation and loneliness can be harmful to both mental and physical health. They are considered significant health and wellbeing issues in Australia because of the impact they have on people's lives.^[1]"

 

Government funding will be provided to Friends for Good, pending completion of the selection process, to expand the operation of their national phone support service -
Friend Line.

 

Friends for Good, established in 2016 is Australia's first charity focusing solely on loneliness. Friends for Good raises awareness of loneliness as a significant issue in the community and provides several services, including the telephone service - Friend Line to support individuals wellbeing. Through their "Time We Talked" on-line survey, Friends for Good is aware that from 1,745 responses, 34 per cent of respondents felt lonely with 10 per cent not knowing what to do about it^[2]. 

 

Friend Line currently operates from a small office in Melbourne, providing an after hours phone support service three days a day. This initiative will enable grant funding to expand Friend Line, pending completion of the selection process, so it can operate seven days a week, ten hours a day in each major city: Sydney, Melbourne, Brisbane, Adelaide and Perth. Friend Line aims to alleviate loneliness by providing a friendly chat or, if appropriate, a referral to other services (eg Men's Shed, community choir). 

 

While Friend Line accepts calls from all people over the age of 18, age demographics collected by the service indicate that over 80 per cent of callers are from people between the ages of 55 and 92 years. Any grant funding used for the promotion of Friend Line must be targeted at Australians aged 55 or over. It is expected that the funding will allow Friend Line to answer around 4,200 calls a week.

 

The expenditure will cover salary costs for 1.5 staff in each centre as well as information technology costs, telephone costs, promotion and training for volunteers. An online chat service will also be available. It is expected that the expanded service delivery will commence from April 2020.

 

The initiative will be subject to ongoing evaluation to ensure it is meeting program objectives of alleviating loneliness and social isolation amongst older Australians.

 

The department will use a closed, non-completive grant selection process in accordance with the Commonwealth Grant Rules and Guidelines 2017 (CGRGs). Friends for Good will be approached to submit a proposal which will be assessed in accordance with the CGRGs.

 

Information about the selection process including the Grant Opportunity Guidelines will be published on the GrantConnect website. The Minister for Families and Social Services or her delegate will make the final decisions in all matters, including the approval of the grant, the funding amount to be awarded, and the terms and conditions of the grant.

 

Pending completion of the selection process, the department will manage the expenditure under the grants for Friends for Good and all relevant approvals consistent to the
Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the CGRGs.

 

 

Independent merits review is not considered appropriate due to the non-competitive and targeted nature of the grant. Friends for Good has been selected and pending completion of the selection process is best placed to continue to deliver Friend Line and is a trusted provider with the capabilities to expand the Friend Line service.

 

Further, the funding available for this component of the Seniors Connected measure is specifically allocated across four financial years, with the purpose of expanding the existing Friend Line phone service. Any delay to the administration of the funding may result in a loss of funding available.

 

While there will be no independent merits review, all general obligations to act fairly in the conduct of the grant process will be observed in accordance with the applicable legislative requirements under the PGPA Act and the CGRGs.

 

Requests for review will be dealt with through the official complaints processes of the Department of Social Services: https://www.dss.gov.au/contact/feedback-compliments-complaints-and-enquiries/complaints-page.

 

Funding of $10 million over four years from 2019-20 was appropriated through the Appropriation Act No.1 (2019-2020) under the measure 'Seniors Connected'. Details are set out in the accompanied Explanatory Memorandum to the Appropriation Bill (No.1)
2019-2020, at page 14. Funding for the phone support component of Seniors Connected is expected to be approximately $1 million per annum.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the communications power (s 51(v) of the Constitution).

.

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic and other like services'.

 

Friend Line addresses loneliness and social isolation amongst older Australians living in their own homes. The expansion of this service will further support this purpose.

 

 

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 (Social Services
Measures No. 6) Regulations 2019

 

This disallowable legislative instrument 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.

 

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 FF(SP) 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.

 

The Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 6) Regulations 2019 inserts new table item 382 in Part 4 of Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending to expand a national phone support service operated by the Friends for Good, Friend Line.

 

The service aims to alleviate feelings of loneliness and social isolation amongst older Australians enabling them to live independently in their own homes for longer.

 

Human rights implications

 

This instrument engages the following rights:

• Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights; and
• Article 17 of the International Covenant on Civil and Political Rights.

 

International Covenant on Economic, Social and Cultural Rights - Articles 11 and 12

 

Article 11 refers to the right to an adequate standard of living and to the continuous improvement of living conditions.  Article 12 refers to the right to the enjoyment of the highest attainable standard of physical and mental health.

 

Friend Line supports the promotion of adequate standards of living, the continuous improvement of living conditions and support for mental health by providing for phone calls to seniors in their homes, aimed at alleviating loneliness and social isolation to improve their quality of life, to live independently and remain in their homes longer.

 

 

International Covenant on Civil and Political Rights

 

Article 17 refers to the right to not be subjected to arbitrary or unlawful interference with privacy.

 

Friend Line will only provide phone support services to seniors who voluntarily engage with the organisation, with all conversations being conducted on the basis of anonymity and confidentiality. Friend Line will not contact an individual who has not sought a phone call and will not collect any personally identifiable information.

 

Conclusion

 

The instrument is compatible with human rights because it promotes the protection of human rights and does not limit human rights.

 

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance