Details of the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 1) Regulation 2015

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 1) Regulation 2015.

 

Section 2 - Commencement

 

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

 

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 a new item to Part 4 of Schedule 1AB to establish legislative authority for government spending for an activity administered by the Attorney-General's Department.

 

New table item 114 establishes legislative authority for the Government to fund a national pilot initiative comprising specialist domestic violence units and health justice partnerships at selected locations across Australia. 

 

The specialist domestic violence units will offer expert legal advice and assistance to help women protect themselves and their children.  The units will also provide case management to help women access other services, such as crisis accommodation, counselling and financial advice.  The health justice partnerships will provide training to doctors and health staff on how to identify vulnerable women and support them to safely access legal help.  Lawyers based in the hospital or health service will provide legal advice and information to patients, and refer patients to other services if required.

 

On 24 September 2015, the Government announced $15 million to fund this pilot initiative as part of the $100 million Women's Safety Package to Stop the Violence.  The funding will be delivered under the Community Legal Services Programme administered by the Attorney-General's Department in accordance with the published guidelines for that programme.

 

Funding decisions will be made by the Attorney-General in accordance with the Public Governance, Performance and Accountability Act 2013.  This pilot initiative will use the Programme Guidelines for the Community Legal Services Programme which were developed in accordance with the Commonwealth Grants Rules and Guidelines.  The guidelines, which include selection criteria and details of the decision-making processes for the programme, are available on the Attorney-General's Department's website at: https://www.ag.gov.au/LegalSystem/Legalaidprogrammes/LegalServicesProgram/Pages/default.aspx.

 

Consistent with the programme guidelines, a closed, non-competitive selection process was used to allocate funding to existing legal assistance providers with a local presence and a proven track-record in delivering services to women who have experienced, or are at risk of, family or domestic violence.  The states and territories were consulted as part of the selection process.  The recipients of funding were announced by the Attorney-General on 16 October 2015.  Funding details will also be published through the Attorney-General's Department Grants Register, which is available at the following website: https://www.ag.gov.au/About/Grants/Pages/default.aspx.

 

There is no merits review process available for either the selection of service providers or amounts of funding granted.  This is because there is no scope for any change following a merits review process as service providers were selected through a non-competitive process and the set amount of funding made available for this pilot initiative has been fully committed.

 

The programme will come under Programme 1.4: Justice Services, which is part of Outcome 1: A just and secure society through the maintenance and improvement of Australia's law and justice framework and its national security and emergency management system. 

 

Further information about the programme is available in the following media releases by the Attorney-General:

*         16 October 2015 - Women's Safety Package legal support providers;

*         27 September 2015 - Locations for specialist domestic violence legal support; and

*         24 September 2015 - $15m for specialist domestic violence legal support.

 

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.

 

 

 

 

 

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 (Attorney-General's Portfolio Measures No. 1) Regulation 2015

 

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 programmes specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programmes. 

 

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 Regulation amends Schedule 1AB to the FF(SP) Regulations to add a new item to establish legislative authority for the Government to fund a national pilot initiative comprising specialist domestic violence units and health justice partnerships at selected locations across Australia.  The initiative is part of the Women's Safety Package to Stop the Violence that was announced by the Government on 24 September 2015.  The initiative will be administered by the Attorney-General's Department.

 

The Attorney-General has portfolio responsibility for this initiative.

 

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