Details of the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulations 2019

 

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 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 Veterans' Affairs (the department).

 

New table item 361 provides legislative authority for government spending on the Enhanced Employment Support for Veterans Grants Program (the Program) to assist Veterans' with finding meaningful employment. The Program will boost the Prime Minister's Veterans' Employment Program.

 

The Prime Minister's Veterans' Employment Program was established in 2016 to raise awareness of the unique skills and experience that veterans can bring to the civilian workplace and seeks to increase employment opportunities for veterans. To date, the Program has achieved this objective by:

*         launching the Veterans Employment Commitment in November 2018, to provide a framework for;

*         engagement activities, including showcasing the Veterans' Employment Program at Transition Seminars;

*         delivering the Prime Minister's Veterans' Employment Annual Awards; and

*         promoting resources through the Veterans' Employment Program website including a Toolkit for jobseekers.

 

 

The new Grants Program will provide funding in the form of grants to not-for-profit organisations. It will assist veterans in their transition from the Australian Defence Force (ADF) by funding activities to help them find suitable and sustainable employment, in particular veterans who face difficulties transitioning to the civilian workforce and require additional support.

 

The objectives of the Program are to:

*         empower not-for-profit organisations that support veterans to deliver scalable and sustainable employment-related programs and services to assist veterans to transition to civilian employment;

*         provide tailored support to veterans to navigate the range of government and community support and assistance available to gain and maintain meaningful employment;

*         enhance employment support for veterans in regional areas; and

*         support veteran wellbeing, acknowledging that finding suitable and sustainable civilian employment is central to a successful transition from the ADF.

 

Funded activities may include resume preparation, counselling, vocational education and case management services to assist veterans to transition to civilian employment.

 

Families and spouses of veterans are also expected to benefit from the Program, recognising that financial stability is a key component to the wellbeing of veterans and their families. In particular, veteran employment initiatives undertaken by not-for-profit organisations commonly engage with both the veteran and their family to design plans which focus on enhancing employment and support. Families and spouses of veterans may also benefit indirectly from services funded under the grant arrangements, including through counselling, vocational education and case management.

 

Grant Guidelines will be developed, which will describe the specific services that each organisation will make available to support veterans. The department will also work with recipient organisations to ensure that these services align with the Prime Minister's Veterans' Employment Program, noting that there may be some differences in the types of employment services offered by recipient organisations.

 

It is proposed that the department undertake the grant selection process, before making recommendations for the Minister for Veterans and Defence Personnel's approval. It is proposed that the Program be administered by the Community Grants Hub in the Department of Social Services either in part or full.

 

Grant decisions under the Program will involve the allocation of finite resources, and as such, are not suitable for merits review because an overturned decision may affect an allocation that has already been made to another party. Decisions will be made in accordance with the Commonwealth Grant Rules and Guidelines 2017 and the Public Governance, Accountability and Performance Act 2013. The review and audit process undertaken by the Australian National Audit Office also provides a mechanism to review Government spending decisions and report any concerns to Parliament. Judicial review may also be available under section 39B of the Judiciary Act 1903 and section 75(v) of the Australian Constitution.

 

Noting that this is not a comprehensive statement of relevant constitutional considerations, the objective references the following powers in the Constitution:

*         defence power (s 51(vi)) and

*         the social welfare power (section 51(xxiiiA)).

 

Defence power

 

Section 51(vi) of the Constitution empowers the Parliament to make laws with respect to 'the naval and military defence' of the Commonwealth and States, and 'the control of the forces to execute and maintain the laws of the Commonwealth'.

 

The Program will provide grants to organisations which support veterans finding employment, which will be to confer a benefit on the recipients in relation to their ADF service.

 

Social welfare power

 

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 unemployment.

 

The Program will involve the conferral of grants funds to assist veterans find employment including though case management, counselling and vocational education.

 

 

 

 

 

 

 

 

 

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 No. 1) 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 (Veterans' Affairs Measures No. 1) Regulations 2019 amend Schedule 1AB to the FF(SP) Regulations to add one new table item 361 to Part 4 of that schedule. The new table item establishes legislative authority for government spending for an Enhanced Employment Support for Veterans (the Program) that will be administered by the Department of Veterans' Affairs (the department).

 

Funding for the Program is in the form of grants to not-for-profit organisations to deliver services to support veterans to find meaningful employment. The Program will assist veterans in their transition from the Australian Defence Force (ADF) by funding activities to help them find suitable and sustainable employment, in particular veterans who face difficulties transitioning to the civilian workforce and require additional support.

 

The Program will complement the Prime Minister's Veterans' Employment Program, which was established in 2016 to raise awareness of the unique skills and experience that veterans can bring to the civilian workplace, and aims to increase employment opportunities. The Program will expand on these outcomes by improving employment support to veterans.  

 

Human rights implications

 

Right to work

 

This instrument engages and promotes the right to work.

 

The right to work is contained in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

Article 6.1 of the ICESCR states that "States Parties ... recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right."

Article 6.2 of the ICESCR further states that a "State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual."

 

This instrument engages and promotes the right to work through recognising that finding suitable and sustainable employment is central to a successful transition from the Australian Defence Force.  Specifically the instrument will fund support including, but not limited to, counselling, vocational education and case management, for veterans (including former Defence Force members) and their families to find employment.  In so doing, the item enhances employment opportunities and supports the right to work.

 

Conclusion

 

This instrument is compatible with the right to work as it will fund support for veterans (including former Defence Force members) and their families to find meaningful employment. 

 

Senator the Hon Mathias Cormann

Minister for Finance