FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HEALTH MEASURES NO. 2) REGULATION 2016 (F2016L00512) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HEALTH MEASURES NO. 2) REGULATION 2016 (F2016L00512)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Health Measures No. 2) Regulation 2016

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies.  The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations).  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

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations.  Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations.  Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs. 

 

Schedule 1 to the Regulation amends the Principal Regulations to add two items to Schedule 1AB to establish legislative authority for the Government to fund the Continuity of Support Programme.  Once established, the program will meet the December 2012 commitment of the Council of Australian Governments that older people with disability who are currently receiving support but who are ineligible for the National Disability Insurance Scheme (NDIS) will be provided with continuity of support. 

 

The program will support people aged 65 years and over, and Indigenous people aged 50 years and over, who are receiving state-managed specialist disability services at the time of implementation but who are ineligible for the NDIS.  Implementation of the program will be staged and commence from 1 July 2016, in line with the roll-out of the NDIS, in all States and Territories, other than in Western Australia, with full implementation to occur by 30 June 2019.

 

Under the program, funding will be provided to organisations to:

*         deliver specialist disability support services, including accommodation support, community support, community access and respite, to eligible clients; and

*         provide individual support packages, including accommodation support, respite, assistance with personal care, home modifications, domestic assistance, social and community support and specialist allied health services, to eligible clients.

 

 

This program will be administered by the Department of Health. 

 

Details of the Regulation are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulation is a legislative instrument for the purposes of the Legislation Act 2003.  The Regulation commences on the day after registration on the Federal Register of Legislation. 

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Health.

 

A regulation impact statement is not required as the Regulation only applies to non-corporate Commonwealth entities and does not adversely affect the private sector. 


Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 2) Regulation 2016

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 2) Regulation 2016.

 

Section 2 - Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislation. 

 

Section 3 - Authority

 

This section provides that the Regulation is 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 Regulation.

 

Schedule 1 - Amendments

 

Item 1 - Part 4 of Schedule 1AB (table)

 

This item adds two new table items to Part 4 of Schedule 1AB that establish legislative authority for government spending on the Continuity of Support Programme, which will be administered by the Department of Health.

 

The new Continuity of Support Programme forms part of revised funding arrangements for aged care and disability that have been agreed to reflect the introduction of the National Disability Insurance Scheme (NDIS).  These revised arrangements update the arrangements agreed in the 2011 National Health Reform Agreement between the Commonwealth and the States and Territories.

 

The Continuity of Support Programme will be established to meet the commitment of the Council of Australian Governments in December 2012 that older people with disability who are currently receiving support but who are ineligible for the NDIS will be provided with continuity of support.  In this context, 'continuity of support' means supporting clients to achieve similar outcomes to those they were achieving prior to transitioning to the new arrangements.

 

The program will support people aged 65 years and over, and Indigenous people aged 50 years and over, who are receiving state-managed specialist disability services at the time of implementation but who are ineligible for the NDIS.  Implementation of the program will be staged and commence from 1 July 2016, in line with the roll-out of the NDIS, in all States and Territories, other than in Western Australia, with full implementation to occur by 30 June 2019.

Until the NDIS is implemented, clients will continue to access the current state-managed disability system.  There will be no new entrants to the program once implementation has occurred in a region.  Older people with disability who are not eligible for the Continuity of Support Programme will be able to access the aged care system should they require support. 

 

The Government has a strong and ongoing commitment to supporting both people with disability and older Australians.  The new program will ensure that an estimated 8,500 older people with disability already accessing services will continue to receive support that is responsive to their needs.

 

The objectives of the Continuity of Support Programme are to:

*         deliver high quality care, support and services to clients to assist them to achieve similar outcomes to those they were achieving prior to transitioning to the new arrangements;

*         support clients to be informed about aged care service options and support their transition into this care where appropriate;

*         support clients through the delivery of accommodation support; community support; community access; respite services; and individual support packages;

*         support clients through the direct service delivery of respite services which allow families and other regular carers to take a break from their usual caring duties and support and maintain the care relationship, while providing a positive experience for the person with disability;

*         provide services that are socially and culturally appropriate and free from discrimination to all clients, including those with special needs;

*         facilitate client choice and independence and wellbeing of clients and ensure services are responsive to their needs;

*         provide flexible, timely services that are responsive to local needs; and

*         take into account the protection and promotion of the human rights of persons with disabilities in all policies.

 

The program consists of two elements:

*         block-funded activities; and

*         individual support packages.

 

The establishment of a new Commonwealth Continuity of Support Programme is outlined in the Mid-Year Economic and Fiscal Outlook 2015-16, Appendix A: Policy decisions taken since the 2015-16 Budget at page 214, under the measure 'National Disability Insurance Scheme - transition to full Scheme'.

 

New table item 152 establishes legislative authority for the Government to provide funding for block-funded activities under the Continuity of Support Programme for organisations to deliver specialist disability support services to eligible clients.

 

This activity will provide continuity of disability support services including accommodation support, community support, community access and respite for older people who are receiving State or Territory administered disability services and who are ineligible for the NDIS.

 

Further information about this activity will be made available on the Continuity of Support Programme webpage on the Department of Health's website (www.health.gov.au).  This activity comes under Program 11.2: Home Support, which is part of Outcome 11: Ageing and Aged Care.  Funding details for this program will be set out in the Portfolio Budget Statements 2016-17, Health Portfolio.

 

Grants will be made in accordance with the Public Governance, Performance and Accountability Act 2013 (the PGPA Act), the Commonwealth Grants Rules and Guidelines (CGRGs) and the Continuity of Support Programme Guidelines.

 

Details of grants will be made publicly available on the Department's website at (www.health.gov.au) in accordance with the CGRGs.  The Continuity of Support Programme Guidelines will be available on the Department's website (www.health.gov.au) and will include information on both eligibility requirements and selection criteria.

 

The decision-maker for funding for the block-funded activities will be a delegate appointed by the Minister for Health, Aged Care and Sport.  Applications will be assessed by departmental officials who will make recommendations to the program delegate.

 

This activity is unsuitable for merits review as it has limited funds.  A key objective of the program is to ensure that an existing vulnerable cohort continues to receive critical services.  An application for review would result in funding delays that would affect all grants under the program, which would impact on the ability to provide ongoing services.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

 

New table item 153 establishes legislative authority for the Government to provide funding under the Continuity of Support Programme for organisations to provide individual support packages to eligible clients.

 

This activity will fund the provision of disability support packages delivering a wide range of services such as accommodation support, respite, assistance with personal care, home modifications, domestic assistance, social and community support and specialist allied health services to meet the disability-related needs of individual older people who are receiving State or Territory administered disability services and who are ineligible for the NDIS.

 

Further information about this activity will be made available on the Continuity of Support Programme webpage on the Department's website (www.health.gov.au).  This activity comes under Program 11.2: Home Support, which is part of Outcome 11: Ageing and Aged Care.  Funding details for this program will be set out in the Portfolio Budget Statements 2016-17, Health Portfolio.

 

Grants will be made in accordance with the PGPA Act, the CGRGs and the Continuity of Support Programme Guidelines.

 

Details of grants will be made publicly available on the Department's website at (www.health.gov.au) in accordance with the CGRGs.  The Continuity of Support Programme Guidelines will be available on the Department's website (www.health.gov.au) and will include information on both eligibility requirements and selection criteria.

 

The decision-maker for this activity will be a delegate appointed by the Minister for Health, Aged Care and Sport.  Applications will be assessed by departmental officials who will make recommendations to the program delegate.

 

The activity is unsuitable for merits review as it has limited funds.  A key objective of the program is to ensure that an existing vulnerable cohort continues to receive critical services.  An application for review would result in funding delays that would affect all grants under the program, which would impact on the ability to provide ongoing services.

 

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

 

 

 

 

 


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 (Health Measures No. 2) Regulation 2016

 

This Regulation 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 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 Regulation amends the Principal Regulations to add two items to Schedule 1AB to establish legislative authority for the Government to fund the Continuity of Support Programme.  Once established, the program will meet the December 2012 commitment of the Council of Australian Governments that older people with disability who are currently receiving support but who are ineligible for the National Disability Insurance Scheme (NDIS) will be provided with continuity of support. 

 

The program will support people aged 65 years and over, and Indigenous people aged 50 years and over, who are receiving state-managed specialist disability services at the time of implementation but who are ineligible for the NDIS.  Implementation of the program will be staged and commence from 1 July 2016, in line with the roll-out of the NDIS, in all States and Territories, other than in Western Australia, with full implementation to occur by 30 June 2019.

 

Under the program, funding will be provided to organisations to:

*         deliver specialist disability support services, including accommodation support, community support, community access and respite, to eligible clients; and

*         provide individual support packages, including accommodation support, respite, assistance with personal care, home modifications, domestic assistance, social and community support and specialist allied health services, to eligible clients.

 

This program will be administered by the Department of Health.  The Minister for Health has portfolio responsibility for this program.

 

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

 


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