FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES MEASURES NO. 2) REGULATIONS 2018 (F2018L01417) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES MEASURES NO. 2) REGULATIONS 2018 (F2018L01417)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance and the Public Service

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Infrastructure, Regional Development and Cities Measures No. 2) 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 the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the 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 Financial Framework (Supplementary Powers) Amendment (Infrastructure, Regional Development and Cities Measures No. 2) Regulations 2018 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on two initiatives administered by the Department of Infrastructure, Regional Development and Cities. 

 

Legislative authority for spending will be provided for:

*         grants to the Foundation for Rural and Regional Renewal (the Foundation) to support the Foundation's achievement of its object of promoting for the public benefit rural and regional renewal, regeneration and development in Australia in social, economic, environmental and cultural areas, including by providing small-scale grants to not-for-profit community groups to support regional communities affected by drought (with funding of $15 million to be provided in 2018-19); and

*         the extension of the Drought Communities Programme to provide grants to local councils in eligible drought-affected areas to fund local community infrastructure and other drought relief activities (with funding of $75 million to be provided in 2018-19).

 

On 5 August 2018, the former Prime Minister, the Deputy Prime Minister and then Minister for Infrastructure and Transport, and the Minister for Agriculture and Water Resources, announced funding for the Foundation as part of the Australian Government's $190 million package for immediate relief for drought-affected farmers and communities.

 

The extension of the Drought Communities Programme was announced by the then Minister for Regional Development, Territories and Local Government on 19 August 2018.

 

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 Infrastructure, Regional Development and Cities.

 

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 (Infrastructure, Regional Development and Cities Measures No. 2) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Infrastructure, Regional Development and Cities Measures No. 2) 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 3 of Schedule 1AB (table)

 

This item adds a new table item to Part 3 of Schedule 1AB to establish legislative authority for government spending on an activity that will be administered by the Department of Infrastructure, Regional Development and Cities. 

 

New table item 29 establishes legislative authority for the Government to provide grants to the Foundation for Rural and Regional Renewal (the Foundation). 

 

Pursuant to this item the Government will provide a grant of $15 million to the Foundation to support the Foundation's achievement of its object, including by providing small-scale grants to not-for-profit community groups to support regional communities affected by drought.  The funding will be provided over the 2018-19 financial year.

 

On 5 August 2018, the former Prime Minister, the Deputy Prime Minister and then Minister for Infrastructure and Transport, and the Minister for Agriculture and Water Resources, announced this funding as part of the Australian Government's $190 million package for immediate relief for drought-affected farmers and communities. 

 

The Foundation is a not-for-profit philanthropic organisation, which accepts funds from a range of government, private and commercial donors in order to distribute them to improve the lives of those living in rural, regional and remote Australia.  The Foundation is the only national philanthropic organisation offering small, discretionary grants to regional communities across Australia using donor funds in this way.

 

Since being established in 2000, the Foundation has distributed more than $75 million in donor funds to around 8,000 projects across rural, regional and remote Australian communities.  Those funds have focused on enabling communities to respond to the needs of their:

 

The Government's objective in providing $15 million to the Foundation is to use the Foundation's existing networks, experience and capacities to provide grants as quickly as possible to assist regional and rural communities hardest hit by the current drought.  The distribution mechanism for these grants will be through an extension to the Foundation's existing Tackling Tough Times Together program, which is already targeted at drought-affected communities.

 

The Foundation will use the $15 million grant from the Government to provide grants under its Tackling Tough Times Together program to drought-affected communities with the most urgent needs immediately.  The individual grants are expected to be mostly in the order of $20,000 to $60,000 with a very small number of grants of up to $150,000 for multi-year projects.  The grants will be offered in a rolling program anticipated to commence in October 2018 and will be made available over a period of three years.

 

Grants under the Foundation's Tackling Tough Times Together program will be made to not-for-profit community groups in drought-affected communities for projects which will enhance the adaptive capacity, and strengthen the resilience, of communities affected by climate change-related events including drought, and build the resilience of socioeconomic systems most affected by climate change.  Such projects will achieve the broad objectives of encouraging adaptation and resilience by:

 

The grants could enable access to programs, events, activities and services, to invest in community infrastructure and equipment and/or to develop knowledge and skills to build resilience, capacity and adaptation.  Examples of projects that may be funded by the grants include:

 

Examples of projects previously funded by the Foundation under the Tackling Tough Times Together program can be found at:

www.frrr.org.au/cb_pages/tackling_tough_times_together.php#Case%20Studies.

 

Incoming grant applications will be batched as they come in and assessed quarterly.  Both short-term and longer-terms grants can be awarded for eligible projects.

 

The Minister for Infrastructure, Transport and Regional Development (the Minister) is responsible for expenditure relating to the $15 million grant to the Foundation.

 

The $15 million grant to the Foundation will be a non-competitive, targeted grant, effected through a grant agreement between the Foundation and the Commonwealth, which the Minister shall enter into on behalf of the Australian Government.  The grant will be made in accordance with the Commonwealth Grants Rules and Guidelines 2017.

 

Under this grant agreement, the Australian Government's grant will be used mainly to provide small grants to drought-affected communities under the Foundation's existing Tackling Tough Times Together program.  This program distributes donor funds from a range of donors specifically to drought-affected communities for community support activities on a rolling basis, as funds are available from donors.  The program is non-competitive, with small grants distributed to eligible communities (communities in drought) upon application as donor funds become available.  

 

Under the grant agreement, the Foundation will be responsible for all aspects of the administration and management of its grants program, including approving grants applications from community organisations in drought-affected areas.  Overall progress of the Australian Government's grant to the Foundation, as well as the use of the Australian Government's funds in providing grants to communities under the Foundation's Tackling Tough Times Together program, will be monitored by the Department of Infrastructure, Regional Development and Cities.

 


 

The information and guidelines for the grants will be available on the Foundation's website:

https://www.frrr.org.au/grants/tackling_tough_times_together.php

 

In the case of any future grants that the Government may make to the Foundation, these grants will be made for specific purposes and will be specified to be distributed either under an existing Foundation program or a new program created by the Foundation for a specific purpose.

 

The decision to provide the $15 million grant to the Foundation will not be subject to independent review.  The decision to grant funds to the Foundation is a budgetary decision of a policy nature, rather than a decision immediately affecting any particular person's interests, as discussed at paragraph 4.18 of the Administrative Review Council's publication What decisions should be subject to merit review? (1999).  Further, the grant is a non-competitive targeted grant, designed to take advantage of the Foundation's existing Tackling Tough Times Together program and existing processes to quickly deliver assistance to drought-affected communities for community support activities, and it would be contrary to that objective for the grant to be subject to merits review.  Therefore, the decision is not suitable for merits review; however, the decision is subject to parliamentary scrutiny.

 

Under the agreement, the Foundation will be responsible for all aspects of administration and management of its Tackling Tough Times Together grants program.  This program is, under its guidelines, specific to drought-affected communities, is non-competitive and provides grants to communities as they request them until available funds are expended.  These decisions by the Foundation will not be subject to independent review (either internal or external to the Foundation).  This is because the funding decisions under the Tackling Tough Times Together program, and any other grants program administered by the Foundation, are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met and any change to grant decisions on review would affect allocations already made to other parties.  These decisions are generally considered by the Administrative Review Council to be inappropriate for independent merits review (see paragraph 4.11 of the Administrative Review Council's publication What decisions should be subject to merit review? (1999)).

 

Funding will come from Program 3.1: Regional Development, which forms part of Outcome 3.  Details will be set out in the 2018-19 Mid-Year Economic and Fiscal Outlook and relevant portfolio budget statement documentation.

 

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

 

Interstate and international trade and commerce power

 

Section 51(i) of the Constitution empowers the Parliament to make laws with respect to 'trade and commerce with other countries, and among the States'.

 

Expenditure will be made to enable the Foundation to fund grants for the construction or development of local infrastructure or enterprise and to foster or improve the engagement of the relevant regions in international and interstate trade and commerce.

 

Power to provide financial assistance to States

 

Section 96 of the Constitution empowers the Parliament to 'grant financial assistance to any State'.

 

Some of the expenditure will be made to enable the Foundation to make project payments to State governments.

 

Territories power

 

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

 

Some of the expenditure will be made to enable the Foundation to support projects in a territory, for example, the Northern Territory.

 

Communications power

 

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

 

Payments will be made to enable the Foundation to fund projects to provide or enhance communications infrastructure or services.

 

Aliens power

 

Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to 'naturalization and aliens'.

 

Payments made to the Foundation may be used to fund projects to assist or benefit specific migrant groups.

 

Immigration power

 

Section 51(xxvii) of the Constitution empowers the Parliament to make laws with respect to 'immigration and emigration'.

 

Payments made to the Foundation may be used to fund projects to assist or benefit specific migrant groups.

 

Social welfare power

 

Section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including medical and dental services. 

 

Payments made to the Foundation may be used to fund projects that provide, or are incidental to the provision of, medical services. 

 

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'.

 

Payments made to the Foundation may be used to fund projects for the benefit of, or related to, Indigenous peoples.

 

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 international obligations under treaties to which it is a party.

 

Payments and grants will be provided to the Foundation for the purpose of addressing the impacts of climate change, such as alleviating the effects of drought, giving effect to Australia's obligations under the following international conventions:

*         the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, particularly Articles 4, 5 and 10 ('Desertification Convention');

*         the United Nations Framework Convention on Climate Change ('UNFCCC'), particularly Article 4;

*         the Kyoto Protocol, particularly Article 10; and

*         the Paris Agreement, particularly Articles 7 and 8.

 

Payments and grants may also be provided for the purpose of promoting full and productive employment, giving effect to Australia's obligations under the following international conventions:

*         the International Covenant on Economic, Social and Cultural Rights ('ICESCR'), particularly Articles 2, 6, 11 and 12; and

*         the International Labour Organization's Convention concerning Employment Policy ('Employment Policy Convention'), particularly Articles 1 and 2.

 

Article 4 of the Desertification Convention provides that the Parties shall implement their obligations under the Convention, and that in pursuing the objectives of the Convention, they shall take various steps to, among other things, mitigate the effects of drought.

 


 

Article 5 of the Desertification Convention provides that the Parties must give due priority, allocate adequate resources, establish strategies and priorities and facilitate participation of local populations with the support of non-governmental organisations to mitigate the effects of drought.

 

Article 10 of the Desertification Convention sets out matters that may or must be included in national action programmes prepared by Parties in carrying out their obligations under Article 5.  These matters include various strategies and measures that may be used to mitigate the effects of drought.

 

Article 4 of the UNFCCC provides that the Parties undertake, among other things, to formulate, implement, publish and regularly update national programmes containing measures to facilitate adequate adaptation to climate change.

 

Article 10 of the Kyoto Protocol provides that Parties undertake, among other things, to formulate, implement, publish and regularly update national programmes containing measures to facilitate adequate adaptation to climate change.  It further provides that such measures would concern, among other things, the energy, transport and industry sectors as well as agriculture, forestry and waste management.

 

Article 7 of the Paris Agreement provides that the Parties establish the global goal on adaptation of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to ensuring an adequate adaptation response.  It further provides that each Party shall, as appropriate, engage in adaptation planning processes and the implementation of actions, which may include the implementation of adaptation actions, undertakings and/or efforts and the building of resilience of socioeconomic systems.

 

Article 8 of the Paris Agreement provides that the Parties recognise the importance of 'averting, minimising and addressing loss and damage associated with adverse effects of climate change, including extreme weather events and slow onset events'.  It further provides that Parties should enhance understanding, action and support on a cooperative and facilitative basis with respect to loss and damage associated with the adverse effects of climate change.

 

Article 2 of the ICESCR provides that each State Party undertakes to take steps to the maximum of its available resources with a view to achieving progressively the full realisation of the rights recognised in the Covenant.

 

Article 6 of the ICESCR provides that the States Parties recognise the right to work, and will take appropriate steps to safeguard this right.  It further provides that steps taken to achieve the full realisation of this right shall include, among other things, policies and techniques to achieve steady economic, social and cultural development.

 

Article 11 of the ICESCR provides that the States Parties recognise the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, housing and to the continuous improvement of living conditions.

 

Article 12 of the ICESCR provides that the States Parties recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

 

Article 1 of the Employment Policy Convention provides that each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment.

 

Article 2 of the Employment Policy Convention provides that each Member shall decide on, and keep under review, the measures to be adopted for achieving the objective specified in Article 1, and take such steps as may be needed, including establishing appropriate programmes, for the application of these measures.

 

Grants and payments may also be used to give effect to Australia's obligations under international treaties referred to in the definition of 'relevant international agreement' in the Water Act 2007.  These agreements are:

*         the Ramsar Convention on Wetlands;

*         the Convention on Biological Diversity;

*         the Convention on the Conservation of Migratory Species of Wild Animals;

*         the China-Australia Migratory Bird Agreement;

*         the Japan-Australia Migratory Bird Agreement; and

*         the Republic of Korea-Australia Migratory Bird Agreement.

 

Payments and grants will be provided to the Foundation which may be directed towards projects and activities that support environmental protection and regeneration and employment.

 

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:

*         activities that form part of the ordinary and well-recognised functions of government; and

*         activities that are peculiarly adapted to the government of the nation and cannot otherwise be carried out for the benefit of the nation.

 

Some of the expenditure will assist regional/remote communities to make applications for existing Commonwealth program funding, for example, by raising awareness of existing funding opportunities and assisting with the making of applications.

 

Some of the expenditure will be directed at assisting communities across the country respond to the drought, in circumstances where the effects of the present drought go beyond state borders, and where the Commonwealth has a particular role to play in ensuring communities affected by this drought receive assistance that is coordinated at a national level.

 


 

Item 2 - Part 4 of Schedule 1AB (table item 93, column headed "Objective(s)")

Item 3 - Part 4 of Schedule 1AB (table item 93, column headed "Objective(s)", paragraph (g))

 

Table item 93 establishes legislative authority for government spending on the Drought Communities Programme. 

 

Item 2 amends table item 93 to establish legislative authority for the expansion of the Drought Communities Programme as detailed below. 

 

Item 3 makes a technical amendment to clarify the names of the relevant international conventions and the applicable articles under those conventions that are referenced in the table item.

 

The Government will provide $75 million in 2018-19 to extend the existing Drought Communities Programme.  The money will be provided to councils in eligible drought-affected areas to fund local community infrastructure and other drought relief activities.  The extension of this programme was announced by the then Minister for Regional Development, Territories and Local Government on 19 August 2018.

 

The existing Drought Communities Programme is designed to provide employment for people whose work opportunities have been affected by drought in eligible local government areas.  The Australian Government committed $34.5 million over four years from 2015-16 for 23 local government areas declared as eligible to each receive grants totalling up to $1.5 million for eligible projects.  The Department of Infrastructure, Regional Development and Cities (the department) assessed the applications from eligible councils against the programme guidelines and provided grants to those councils via funding agreements.  The existing programme terminates on 30 June 2019.

 

The extension to the programme provides grants of up to an additional $1 million per council in 60 drought-affected local government areas which have been identified as eligible for the extended program, and a pool of $15 million for councils in additional areas (to be determined by the Deputy Prime Minister in consultation with the Prime Minister and the Minister for Agriculture and Water Resources).  The objective of the programme (as extended) is to deliver immediate support to targeted drought-affected regions of Australia by funding local community infrastructure and other drought relief projects. 

 

Grants made under the programme will be paid to the eligible councils through grant funding agreements in all except one case - in the case of the unincorporated Far West area of NSW (where there is no council).  In this case, the department will enter into grant funding agreements with incorporated entities in the area.

 

Currently eligible projects funded under the existing programme include economic, social and cultural infrastructure, safety and accessibility upgrades, and town facility developments and upgrades.  The range of activities intended to be covered by the extended programme is similar to that covered by the existing programme with the addition of support for additional non-infrastructure related drought relief activities (such as community events and forums) and providing emergency potable water supplies.

 

The administration of funds under the extension of the Drought Communities Programme will be managed through the Australian Government's Business Grants Hub in the Department of Industry, Innovation and Science.  The Business Grants Hub will be responsible for decisions on funding under the guidelines for the programme.

 

The initial decision relating to which councils would be eligible for assistance and how much funding each council would receive was made by the former Minister for Regional Development, Territories and Local Government in consultation with the former Prime Minister and the Minister for Agriculture and Water Resources, as announced on 19 August 2018. 

 

The decision-maker for grants approved under the extension of the Drought Communities Programme will be Senior Executive Service employees in the positions of Head of Division and the General Manager responsible for delivery of the program in AusIndustry within the Department of Industry, Innovation and Science, as delegates of the Secretary of the Department of Infrastructure, Regional Development and Cities.

 

The Drought Communities Programme - Extension will be delivered through a closed, non-competitive grant process with the intention of expending $75 million in 2018-19.  The Business Grants Hub will be responsible for delivering the grants programme.

 

Information regarding the grant process, eligibility criteria, application and assessment processes and the programme guidelines will be available at www.business.gov.au and on the GrantConnect website (www.grants.gov.au). 

 

Grant applications will be assessed by the Business Grants Hub and recommendations for funding will be made to the Program Delegate.  The Program Delegate will be responsible for the final decision.  The Program Delegate will be an AusIndustry senior official within the Department of Industry, Innovation and Science, who will be a delegate of the Secretary of the Department of Infrastructure, Regional Development and Cities.

 

The grants process will be conducted in accordance with the Commonwealth Grants Rules and Guidelines 2017.

 

Once grant funding agreements are executed for projects, details of the grants will be published on the GrantConnect website at www.grants.gov.au.

 

Decisions about which councils would be eligible for funding under the extension of the programme were made by the Minister based on a methodology agreed with the Prime Minister, which in turn was based on a combination of rainfall deficiency data, statistical information on reliance on the agricultural sector and the size of the community.  Such decisions are unsuitable for merits review as they are part of the decision by government to allocate funding to the programme as a whole, and are budgetary decisions of a policy nature, rather than decisions immediately affecting any particular person's interests (see paragraph 4.18 of the Administrative Review Council's publication What decisions should be subject to merit review? (1999)).  Further, the decisions relate to the allocation of a finite resource, from which all potential claims for a share cannot be met, as discussed at paragraph 4.11 of that publication. 

 

The programme itself will continue to be delivered as a closed, non-competitive grants opportunity.  Merits review will not be available for decisions on grant applications under this programme. This is because such decisions involve the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met, and any change to grant decisions on review would affect allocations already made to other parties.  Such decisions are generally considered by the Administrative Review Council to be inappropriate for merits review (see paragraph 4.11 of the Administrative Review Council's publication What decisions should be subject to merit review? (1999)).

 

Funding will come from Program 3.1: Regional Development, which forms part of Outcome 3.  Details will be set out in the 2018-19 Mid-Year Economic and Fiscal Outlook and relevant portfolio budget statement documentation.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the amended item now also references the external affairs power (section 51(xxix)) of the Constitution in further detail.

 

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 international obligations under treaties to which it is a party.

 

Australia has obligations under the United Nations (UN) Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, the Paris Agreement, the UN Framework Convention on Climate Change and the Kyoto Protocol to address desertification, climate change and extreme weather events.

 

Grants will be made under the extension of the Drought Communities Programme for the purpose of addressing the impacts of climate change, such as alleviating the effects of drought, giving effect to Australia's obligations under the following international conventions:

·         the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, particularly Articles 4, 5 and 10 ('Desertification Convention');

*         the United Nations Framework Convention on Climate Change ('UNFCCC'), particularly Article 4;

*         the Kyoto Protocol, particularly Article 10; and

*         the Paris Agreement, particularly Articles 7 and 8.

Grants may also be made for the purpose of promoting full and productive employment, giving effect to Australia's obligations under the following international conventions:

*         the International Covenant on Economic, Social and Cultural Rights ('ICESCR'), particularly Articles 2, 6, 11 and 12; and

*         the International Labour Organization's Convention concerning Employment Policy ('Employment Policy Convention'), particularly Articles 1 and 2.

 

Article 4 of the Desertification Convention provides that the Parties shall implement their obligations under the Convention, and that in pursuing the objectives of the Convention, they shall take various steps to, among other things, mitigate the effects of drought.

 

Article 5 of the Desertification Convention provides that the Parties must give due priority, allocate adequate resources, establish strategies and priorities and facilitate participation of local populations with the support of non-governmental organisations to mitigate the effects of drought.

 

Article 10 of the Desertification Convention sets out matters that may or must be included in national action programmes prepared by Parties in carrying out their obligations under Article 5.  These matters include various strategies and measures that may be used to mitigate the effects of drought.

 

Article 4 of the UNFCCC provides that the Parties undertake, among other things, to formulate, implement, publish and regularly update national programmes containing measures to facilitate adequate adaptation to climate change.

 

Article 10 of the Kyoto Protocol provides that Parties undertake, among other things, to formulate, implement, publish and regularly update national programmes containing measures to facilitate adequate adaptation to climate change.  It further provides that such measures would concern, among other things, the energy, transport and industry sectors as well as agriculture, forestry and waste management.

 

Article 7 of the Paris Agreement provides that the Parties establish the global goal on adaptation of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to ensuring an adequate adaptation response.  It further provides that each party shall, as appropriate, engage in adaptation planning processes and the implementation of actions, which may include the implementation of adaptation actions, undertakings and/or efforts and the building of resilience of socioeconomic systems.

 

Article 8 of the Paris Agreement provides that the Parties recognise the importance of 'averting, minimising and addressing loss and damage associated with adverse effects of climate change, including extreme weather events and slow onset events'.  It further provides that Parties should enhance understanding, action and support on a cooperative and facilitative basis with respect to loss and damage associated with the adverse effects of climate change.

 

Article 2 of the ICESCR provides that each State Party undertakes to take steps to the maximum of its available resources with a view to achieving progressively the full realisation of the rights recognised in the Covenant.

 

Article 6 of the ICESCR provides that the States Parties recognise the right to work, and will take appropriate steps to safeguard this right.  It further provides that steps taken to achieve the full realisation of this right shall include, among other things, policies and techniques to achieve steady economic, social and cultural development.

 

Article 11 of the ICESCR provides that the States Parties recognise the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, housing and to the continuous improvement of living conditions.

 

Article 12 of the ICESCR provides that the States Parties recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

 

Article 1 of the Employment Policy Convention provides that each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment.

 

Article 2 of the Employment Policy Convention provides that each Member shall decide on, and keep under review, the measures to be adopted for achieving the objective specified in Article 1, and take such steps as may be needed, including establishing appropriate programmes, for the application of these measures.

 

 

 

 


 

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 (Infrastructure, Regional Development and Cities Measures No. 2) 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 Public Governance, Performance and Accountability Act 2013

 

The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on two initiatives administered by the Department of Infrastructure, Regional Development and Cities. 

 

Funding will be provided for:

*         grants to the Foundation for Rural and Regional Renewal (the Foundation) to support the Foundation's achievement of its object of promoting for the public benefit rural and regional renewal, regeneration and development in Australia in social, economic, environmental and cultural areas, including by providing small-scale grants to not-for-profit community groups to support regional communities affected by drought (with funding of $15 million to be provided in 2018-19); and

*         the extension of the Drought Communities Programme to provide grants to local councils in eligible drought-affected areas to fund local community infrastructure and other drought relief activities (with funding of $75 million to be provided in 2018-19).

 

On 5 August 2018, the former Prime Minister, the Deputy Prime Minister and then Minister for Infrastructure and Transport, and the Minister for Agriculture and Water Resources, announced funding for the Foundation as part of the Australian Government's $190 million package for immediate relief for drought-affected farmers and communities.

 

The extension of the Drought Communities Programme was announced by the then Minister for Regional Development, Territories and Local Government on 19 August 2018.

 

The Minister for Infrastructure, Transport and Regional Development 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 and the Public Service


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