FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HEALTH MEASURES NO. 3) REGULATIONS 2018 (F2018L01136) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HEALTH MEASURES NO. 3) REGULATIONS 2018 (F2018L01136)

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. 3) Regulations 2018

 

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. 

 

The purpose of the Financial Framework (Supplementary Powers) Amendment
(Health Measures No. 3) Regulations 2018
(the Regulations) is to amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on three initiatives that will be administered by the Department of Health.

 

Funding will be provided to:

*         expand beyondblue's Way Back Support Service in up to 25 Primary Health Network regions to provide continuity of care through outreach, follow-up care and practical support to individuals discharged from hospital after a suicide attempt, with $37.6 million available over four years from 2018-19;

*         SANE Australia to develop and test a targeted suicide awareness campaign model Better Off With You, with $1.2 million available in 2018-19; and

*         Lifeline Australia to deliver and enhance a 24 hour national crisis support and suicide prevention service, with $33.8 million available over four years from 2018-19.

 

These initiatives were announced in the 2018-19 Budget.

 

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

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.  The Regulations commence on the day after they are registered 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 Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector. 

 


Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 3) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 3) Regulations 2018.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after they are 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 three new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on activities that will be administered by the Department of Health (the department).

 

New table item 300 establishes legislative authority for government spending on the expansion of the Way Back Support Service (WBSS) in up to 25 Primary Health Network (PHN) regions.  This initiative aligns with priorities under the Fifth National Mental Health and Suicide Prevention Plan which is available at www.coaghealthcouncil.gov.au.

 

The WBSS is a model of service delivery developed by beyondblue that is designed to provide continuity of care through outreach, follow-up care and practical support to individuals discharged from hospital after a suicide attempt. 

 

Funding of $27.1 million will be provided to PHNs to commission non-clinical assertive outreach, follow-up care and practical support to individuals who are discharged from hospital following a suicide attempt (contingent on co-contributions from states and territories).  PHNs will work in partnership with local referring hospitals/Local Hospital Networks (LHNs) to facilitate referral pathways post discharge to the WBSS.  LHNs are state based organisations that provide public hospital services across one or more public hospitals.

 


 

Funding of $10.5 million will also be provided to beyondblue to provide national support and oversight of the implementation of the WBSS in PHN regions, and build the capacity of PHNs as service commissioners, to administer the service independently from beyondblue by 30 June 2022.  beyondblue will contribute an additional $5 million.

 

Funding of $37.6 million was included in the 2018-19 Budget under the measure 'Prioritising Mental Health - aftercare following a suicide attempt' for a period of four years commencing in 2018-19.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 122.

 

Funding will be provided to beyondblue through a targeted and non-competitive grant process.  One-off grant guidelines will be developed to support this process.

 

Funding to PHNs will be provided through deeds of variation to existing grant agreements.  Grant guidelines are already in place for funding to PHNs.  They are available at www.health.gov.au/internet/main/publishing.nsf/Content/PHN-Program_Guidelines

Up to 25 selected PHNs will be responsible for commissioning service providers to deliver the WBSS.  Decisions on the specific PHNs that will receive funding will be made in consultation with relevant states and territories, beyondblue, PHNs and LHNs. 

Final funding decisions will be made by the relevant delegate of the Secretary of the department.  These decisions will be made public on the department's website at www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting.

 

Decisions made in connection with this initiative will not be subject to an independent merits review as funding is targeted, non-competitive, and for a specific purpose.  The Government funds PHNs to plan, commission and integrate mental health and suicide prevention services at a regional level.  PHNs are uniquely suited to commission services for the WBSS. 

 

Funding will be provided to beyondblue as they are owners of the WBSS model which is a well-known, evidence-based model that is already being implemented in many areas across Australia.  Additionally, beyondblue has the knowledge and infrastructure required to provide robust oversight of the model's implementation.

 

Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.9, Health Portfolio at pages 21, 32 and 63.

 

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

*         the external affairs power (section 51(xxix));

*         the territories power (section 122);

*         the Commonwealth executive power and the express incidental power (sections 51(xxxix) and 61);

*         the defence power (section 51(vi)); and

*         the races power (section 51(xxvi)).

 


 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'.  The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.

 

Australia is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Article 12(1) of the ICESCR recognises the 'right of everyone to the enjoyment of the highest attainable standard of physical and mental health'.  Article 2 requires each State Party to 'take steps ... to the maximum of its available resources, with a view to achieving progressively the full realization' of this right 'by all appropriate means, including particularly the adoption of legislative measures'.

 

The steps to be taken by States Parties to achieve full realisation of the right to health are specified in Article 12(2) and include steps necessary for:

(a)    The prevention, treatment and control of epidemic, endemic, occupational and other diseases (Article 12(2)(c)); and

(b)    The creation of conditions which would assure to all medical service and medical attention in the event of sickness (Article 12(2)(d)).

 

The WBSS has been developed by beyondblue to provide non-clinical assertive outreach, follow-up care and practical support to individuals who are discharged from hospital following a suicide attempt.  The funding addresses a major mental health challenge in supporting people who are at high risk of committing suicide.

 

The WBSS will promote access to medical services and medical attention for those facing mental health issues by helping individuals who are at high risk of committing suicide to navigate the mental health system and obtain referrals to mental health services.

 

 

Territories power

 

Section 122 of the Constitution empowers the Parliament to make laws 'for the government of any territory'.

 

Funding will be provided to expand the WBSS aftercare model in up to 25 geographic areas across Australia, including areas in a territory.

 

 

Commonwealth executive power and the express incidental power

 

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in it by the Constitution.  Together with the executive power in section 61 of the Constitution, the express incidental power extends to a range of matters, including giving effect to intergovernmental agreements between the Commonwealth and the States on matters of joint interest.

 

The expansion of the WBSS aftercare model aligns with priorities under the Fifth National Mental Health and Suicide Prevention Plan developed by the Council of Australian Governments' Health Council.  The provision of funding fulfils the Commonwealth's obligations to provide funding under bilateral agreements with the states and territories.

 

 

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 expansion of the WBSS aftercare model across Australia may involve the delivery of suicide prevention services to veterans.

 

 

Races power

 

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'.

 

The expansion of the WBSS aftercare model across Australia may involve the delivery of suicide prevention services to Indigenous Australians.

 

New table item 301 establishes legislative authority for the Government to provide grant funding to SANE Australia to develop and test a targeted suicide awareness campaign model Better Off With You (the BOWY campaign).

 

SANE Australia is a national mental health charity working to support Australians affected by mental illness.  SANE Australia's work includes mental health awareness, online peer support and information, stigma reduction, research and advocacy.

 

The BOWY campaign model aims to reduce suicide and suicide attempts by targeting people who are contemplating suicide and experiencing thoughts that they are a burden on their family, friends and other people in their lives. 

 

Funding will be provided to SANE Australia for one year to research, build and test the BOWY campaign model.  The campaign model will be piloted in 2018-19 in at least three Primary Health Network regions: Western Victoria, North Queensland and Sydney North.

 

The BOWY campaign will consist of a multichannel suicide prevention approach to challenge the notion that far too many Australians believe the world is better off without them by turning that idea on its head through real-life stories from people who have survived a suicide attempt.  This will aim to reduce people's belief that they are a burden and encourage help-seeking behaviour.

 

Campaign materials and messaging will be disseminated through multiple channels, including social media, television and radio, targeting audiences where they are most likely to access information and at the most appropriate times.  Campaign materials will also include information and resources that will be disseminated online to support families, friends, carers and colleagues of people who are contemplating suicide.  

 

The campaign will be underpinned by rigorous formative and other research activities, including key stakeholder consultation and literature review, to determine target audiences, and understand how best to reach them and what factors influence behaviour. 

 

The target group comprises individuals who are contemplating suicide and/or experiencing thoughts of burdensomeness.  People from different backgrounds, cultures and age groups who are at increased risk of suicide, including lesbian, gay, bisexual, trans and intersex (LGBTI) people, young people and people in rural and regional areas, will be the targeted population cohorts that will benefit from the campaign.

 

Funding of $1.2 million in 2018-19 was included in the 2018-19 Budget under the measure 'Prioritising Mental Health - suicide prevention campaign'.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 124.

 

SANE Australia will be responsible for delivering the primary components of this campaign and research project.  Funding will be provided to SANE Australia through a targeted and non-competitive grant process.  One-off grant guidelines will be developed to support this process.

 

Final funding decisions will be made by the relevant delegate of the Secretary of the department.  These decisions will be made public on the department's website at www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting.

 

Decisions made in connection with this initiative will not be subject to an independent merits review as funding is one-off, targeted, non-competitive, and for a specific purpose.  Funding will be provided to SANE Australia to lead the research, build and test a model for the suicide prevention campaign.  SANE Australia has demonstrated expertise in mental health and suicide prevention, and has partnered with key stakeholders in design and implementation of the campaign model.

 

In 2017, SANE Australia brought together key mental health organisations to identify areas of cross-sector collaboration where the collective expertise, skills and knowledge would have the greatest impact.  Suicide prevention was identified as one of the most pressing priorities.  SANE Australia, Lifeline and Orygen, the National Centre of Excellence in Youth Mental Health, committed to collaborate on the BOWY campaign and research project.

 

Funding for this item will come from Program 2.1: Mental Health which is part of Outcome 2.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.9, Health Portfolio at pages 21, 33 and 63.

 

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

 

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

 

Funding will be provided for a suicide prevention campaign involving the development and dissemination of suicide prevention materials and messages through social media, television and radio.  Families, friends, carers and colleagues will be supported with suicide prevention resources that will be developed and disseminated online.

 


 

New table item 302 establishes legislative authority for the Government to provide grant funding to Lifeline Australia (Lifeline) to deliver and enhance a 24-hour national crisis support and suicide prevention service, to meet increasing demand and provide more responsive and consistent services. 

 

The crisis support and suicide prevention service is delivered through a number of digital channels including telephone, both landline and mobile, as well as messaging (SMS) and online.  The funding will contribute to an increase in the responsiveness of Lifeline's national crisis support and suicide prevention service to community need by answering close to 100 per cent of contacts made and more than 80 per cent answered within 90 seconds.  Funding will also contribute to improving the quality of Lifeline's crisis support and suicide prevention service through improved monitoring, coaching and development of crisis supporters; improved complaint and incident management practices; and continuing to modernise Lifeline's operating environment.

 

This initiative builds on an existing 2006 Council of Australian Governments measure, the Telephone Counselling, Self Help and Web-Based Support Programmes (Teleweb).

 

Funding of $33.8 million was included in the 2018-19 Budget under the measure 'Prioritising Mental Health - Lifeline Australia - enhanced telephone crisis services' for a period of four years commencing in 2018-19.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 123.

 

Funding will be provided to Lifeline through a closed, non-competitive grant process in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017.  The administration of the grant will be delivered via the Community Grants Hub.  Policy responsibility will remain with the department.

 

Lifeline's proposal will be assessed against the eligibility and assessment criteria to be set out in the grant guidelines, which will also outline the objectives and outcomes of the government funding and the deliverables.  Guidelines will be published on GrantConnect (www.grants.gov.au).

 

Following assessment of the proposal on its merit, the delegate of the Secretary of the department will make the final decision to approve funding.  The Secretary's delegate will consider whether the proposal represents an efficient, effective, ethical and economical use of Commonwealth resources, and whether any specific requirements need to be imposed as a condition of funding.

 

The decision of the Secretary's delegate is final in all matters, including:

*         the approval of the grant;

*         the grant funding amount to be awarded; and

*         the terms and conditions of the grant.

 

Information on this grant will be published on GrantConnect (www.grants.gov.au) no later than 21 calendar days after a grant has taken effect, as per the Commonwealth Grants Rules and Guidelines 2017.

 

The decision to provide funds to Lifeline to continue to deliver their national crisis support and suicide prevention service is not considered suitable for independent merits review because the expenditure is non-competitive and Lifeline is uniquely placed to deliver this service.

 

The direct source arrangement is considered appropriate because Lifeline provides the only national 24 hour crisis support and suicide prevention service in Australia able to manage over one million contacts a year.  Given Lifeline has the appropriate capability, the specific expertise required and established infrastructure, they are considered to be the most appropriate organisation to deliver this service.  To reconsider this decision under merits review would substantially delay implementation of the program in a market environment where there are no alternative providers with similar capacity to service the community's crisis support and suicide prevention needs.

 

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

 

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

 

This measure will enhance Lifeline's capacity to deliver telephone and online crisis services to meet increasing demand and provide more responsive and consistent services.  
By improving access to Lifeline's telephone and online services, the measure will promote connectivity to other services in order to better support people in need.

 

 


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. 3) Regulations 2018

 

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 PGPA Act. 

 

The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on three initiatives that will be administered by the Department of Health.

 

Funding will be provided to:

*         expand beyondblue's Way Back Support Service in up to 25 Primary Health Network regions to provide continuity of care through outreach, follow-up care and practical support to individuals discharged from hospital after a suicide attempt, with $37.6 million available over four years from 2018-19;

*         SANE Australia to develop and test a targeted suicide awareness campaign model, Better Off With You, with $1.2 million available in 2018-19; and

*         Lifeline Australia to deliver and enhance a 24-hour national crisis support and suicide prevention service, with $33.8 million available over four years from 2018-19.

 

These initiatives were announced in the 2018-19 Budget.

 

The Minister for Health has portfolio responsibility for these matters. 

 

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


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