Details of the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 2) Regulation 2016

 

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. 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 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB that establishes legislative authority for government spending for an activity to be administered by the Attorney-General's Department.

 

New table item 170 establishes legislative authority for the Government to fund the National Indigenous Law Awards Programme which aims to publicly acknowledge Indigenous Australians whose exceptional work or study in the legal sector demonstrates a commitment to positive change for Indigenous Australians.

 

The Australian Government is committed to achieving real and positive change in the lives of Indigenous Australians, in particular those that have contact with the justice system.  The National Indigenous Law Awards Programme aims to highlight and recognise the achievements of Indigenous Australians who improve justice outcomes for Indigenous Australians.

 

The National Indigenous Law Awards Programme includes the National Indigenous Legal Professional of the Year Award (Professional Award) and the Indigenous Law Student of the Year Prize (Student Prize).  Recipients of the Professional Award and the Student Prize receive monetary prizes either for the purpose of professional development or further study related to law or Indigenous studies.

 

Each year from 2016 to 2020, one Indigenous legal professional and one Indigenous law student will be awarded with the Professional Award and the Student Prize, respectively.

 

The National Indigenous Law Awards Programme is administered through the Indigenous Legal Assistance Program appropriation.  The objective of the Indigenous Legal Assistance Program is to ensure Indigenous people are able to access justice and exercise their rights in the same way as other Australians.  The allocation under the Indigenous Legal Assistance Program for the awards is $12,500 for each financial year from 2016-17 to 2019-20, totalling $50,000.  The Attorney-General's Department will determine annually how the funding will be allocated for the awards and associated costs, such as travel costs for recipients to attend an award ceremony.

 

The National Indigenous Law Awards Programme is open to any Indigenous Australian who is either currently admitted as a solicitor or barrister in Australia or is studying law at an Australian tertiary institution.  The programme is open to individuals only.

 

Application forms, assessment criteria and guidelines for the National Indigenous Law Awards Programme will be made available on the Attorney-General's Department's website, at https://www.ag.gov.au/LegalSystem/Legalaidprogrammes/Pages/Indigenous-legal-professional-award-and-inaugural-indigenous-law-student-prize.aspx.

 

Applicants will submit a completed application to the Attorney-General's Department.  An appropriate panel will assess applications and recommend recipients for the National Indigenous Law Awards.  The Attorney-General will be the final decision-maker in determining recipients for the awards.

 

Prior to the prize or award being awarded to an individual, each recipient will be required to enter into a funding agreement with the Attorney-General's Department, by way of a letter of offer.  This letter will specify the purpose and manner in which funding is to be expended. Following the expenditure of the funding, the prize or award recipient will be required to provide a statutory declaration to the Attorney-General's Department as evidence of funds being expended in line with the agreement.

 

Funding agreements with successful recipients will be executed by officers within the Attorney-General's Department who hold the appropriate delegation.

 

The Attorney-General's Department will publish the names of recipients on its website, at https://www.ag.gov.au/LegalSystem/Legalaidprogrammes/Pages/Indigenous-legal-professional-award-and-inaugural-indigenous-law-student-prize.aspx.

 

Due to the programme's small scale and low monetary cost, the National Indigenous Law Awards Programme will not be subject to merits review arrangements.  Similarly, the Attorney-General's Department will not provide feedback to applicants.

 

Funding for the National Indigenous Law Awards Programme is provided under the Indigenous Legal Assistance Program.  Funding will come from Program 1.6: Indigenous Legal and Native Title Assistance, 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.  Details are set out in the Portfolio Budget Statements 2016-17, Budget Related Paper No. 1.2, Attorney-General's Portfolio at page 27.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the races power (section 51(xxvi)) 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. 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 adds a new item to Schedule 1AB to establish legislative authority for the Government to fund the National Indigenous Law Awards Programme which aims to publicly acknowledge Indigenous Australians whose exceptional work or study in the legal sector demonstrates a commitment to positive change for Indigenous Australians.

 

The National Indigenous Law Awards Programme includes the National Indigenous Legal Professional of the Year Award (Professional Award) and the Indigenous Law Student of the Year Prize (Student Prize).  Recipients of the Professional Award and the Student Prize receive monetary prizes either for the purpose of professional development or further study related to law or Indigenous studies.

 

Each year from 2016 to 2020, one Indigenous legal professional and one Indigenous law student will be awarded with the Professional Award and the Student Prize, respectively. 

 

The Programme will be administered by the Attorney-General's Department.  The Attorney-General has portfolio responsibility for this Programme.

 

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