FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (SOCIAL SERVICES MEASURES NO. 2) REGULATIONS 2019 (F2019L00565) EXPLANATORY STATEMENT

Details of the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulations 2019

Section 1 - Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulations 2019.

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 nine 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 Social Services (the department).

New table item 337 'Overseas Adoption Services' establishes legislative authority for government spending on the Intercountry Adoption Family Support Service (ICAFSS).

The department is responsible for an ongoing administered appropriation to deliver family and relationship services through grants under the Family and Relationship Services (FaRS) activity. The FaRS activity aims to strengthen family relationships, prevent family breakdown and ensure the wellbeing and safety of children through the provision of broad-based counselling and education to families of different forms and sizes.

The ICAFSS is provided through a FaRS grant agreement. Providers use the funds to deliver opt-in broad-based counselling and parenting education services throughout Australia to support people who have been, or are, formally engaged in the intercountry adoption process.

This may include families ordinarily resident in Australia who have formally commenced the intercountry adoption process through a state or territory government, and those who have adopted a child from overseas. It may also include those who have been adopted themselves (including adoptees who are minors and those who are now over 18 years of age, known as adult adoptees) and the adoptive families of adult adoptees who are ordinarily resident in Australia.

Services provided under the ICAFSS for adult adoptees and their families are limited to those services which prevent or treat a mental illness, or provide counselling for a medical purpose.

The ICAFSS operates as a grant, under the FaRS activity, to a provider or providers who can deliver national coverage. Support is available to those who seek it; receiving support is not compulsory. Support includes assistance to identify family relationship and mental health needs associated with the adoption experience and the provision of services to meet the immediate needs of the client in this respect.

It also includes appropriate referral pathways, including to post-adoption support services. The ICAFSS prepares people to respond to issues commonly associated with intercountry adoption, including mental health issues that arise from past adoption experiences, and relationship and mental health issues that arise as adoptees undertake the process of tracing their biological family.

Decisions are made in accordance with the Commonwealth Grants Rules and Guidelines 2017 (CGRGs) and the applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

The ICAFSS is not suitable for independent merits review as the funds are allocated on a competitive selection basis involving a limited pool of funds for allocation. The remaking of this decision under merits review would affect the timely execution of funding agreements, and the continuity of services provided under the ICAFSS. The grants process is conducted in accordance with the CGRGs.

The Government has provided funding for the ICAFSS since 2015. This was listed under the measure 'Intercountry Adoption - national support service' in the 2014-15 Portfolio Supplementary Additional Estimates Statements. Current funding of $4.2 million has been appropriated over four years from 2018-19 and is listed under the 2018-19 Portfolio Budget Statements.

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 communications power (section 51(v))

• the social welfare power (section 51(xxiiiA)).

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.

Convention on the Rights of the Child

Australia has obligations under the Convention on the Rights of the Child (CRC). Article 4 of the CRC requires States Parties to 'undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the CRC. In particular:

* Article 7 provides that a 'child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents'.

* Article 18(2) provides that 'for the purpose of guaranteeing and promoting the rights set forth' in the CRC, 'States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities.'

* Article 21(c) provides that 'States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: ... ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption'.

* Article 23 provides that States Parties recognise that a disabled child should enjoy a full and decent life, including recognising the 'right of the disabled child to special care and shall encourage and ensure the extension ... to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child'.

The ICAFSS provides counselling, relationship education and support to intercountry adoptees and the adoptive families of adoptees to address family relationship issues and past adoption experiences to prevent or treat mental illness. The ICAFSS is also funded to support these people as they undertake tracing of their biological family.

Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption

Australia has obligations under the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention). Under Article 2(1), the Hague Convention will apply 'where a child habitually resident in one Contracting State ("the State of origin") has been, is being, or is to be moved to another Contracting State ("the receiving State") either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State or origin.'

Article 5(b) of the Hague Convention provides that an adoption within the scope of the Convention will only take place if the authorities of the receiving State 'have ensured that the prospective adoptive parents have been counselled as may be necessary'.

Article 9(c) of the Hague Convention also provides that Central Authorities of a Contracting State shall take all appropriate measures, among others, to 'promote the development of adoption counselling and post-adoption services in their States'.

The ICAFSS is funded to provide counselling, relationship education to intercountry adoptees and the adoptive families of adoptees. The ICAFSS will also provide an adoptee with support while they undertake a process of tracing their biological family. The provider is encouraged to provide these persons the highest standard of post-adoption services.

International Covenant on Economic, Social and Cultural Rights

Australia has obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR), including in relation to the right to a high standard of physical and mental health. In particular:

* Article 2(1) of the ICESCR provides that each State Party undertakes to take steps to progressively realise the rights recognised in the Covenant 'by all appropriate means, including particularly the adoption of legislative measures'.

* Article 10 of the ICESCR provides that States Parties to the Covenant recognise that:

o 'The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children'.

o 'Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions'.

* Article 12(1) of the ICESCR provides that 'States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. Article 12(2)(d) of the ICESCR states that the steps for States Parties to take to realise this right include those necessary for the 'creation of conditions which would assure to all medical service and medical attention in the event of sickness'.

Under the ICAFSS, the provision of counselling, relationship education and support services to child and adult adoptees and their adoptive families is provided to those persons to assist with the maintenance and functioning of the family unit. These services will also help prevent mental illness, and support those persons who have a mental illness.

International Covenant on Civil and Political Rights

Australia has obligations under the International Covenant on Civil and Political Rights (ICCPR) to promote universal respect for, and observance of, human rights and freedoms. Under Article 2 of the ICCPR, each State Party to the ICCPR 'undertakes to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status'.

Article 23 of the ICCPR states that 'the family is the natural and fundamental group unit of society and is entitled to protection by society and the State'.

The ICAFSS will provide counselling, relationship education and support services to child and adult adoptees and their adoptive families to assist with the maintenance and functioning of the family unit.

Communications power

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

Funding for the ICAFSS includes funding for the delivery of counselling, education or support by telephone, video link or by web-based means (such as webinars), to people adopted from overseas, children being adopted from overseas, and their adoptive families.

Social welfare power

The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of various social welfare benefits including pharmaceutical, sickness and hospital benefits and medical and dental services (but not as to authorise any form of civil conscription).

Under the ICAFSS, funding is provided for the psychological counselling for persons adopted from a foreign country, children being adopted from a foreign country, and their adoptive families, who are ordinarily resident in Australia. Psychological counselling is part of the provision of 'medical services' to those individuals.

New table item 338 establishes legislative authority for government spending on the Continuity of Support - Community Mental Health Services.

The Continuity of Support (CoS) package for Community mental health programs is one of five CoS packages announced in the 2018-19 Budget to ensure people with disability currently receiving services are not disadvantaged in the transition to the National Disability Insurance Scheme (NDIS).

CoS ensures all existing Commonwealth clients who are ineligible for the NDIS continue to receive supports even if the process for delivering those supports changes over time.

The aim of establishing CoS is to ensure all existing clients of the three mental health programs will be able to continue to receive similar supports once the NDIS reaches full scheme.

From 1 July 2019, approximately 8,800 existing clients of the Personal Helpers and Mentors, Partners in Recovery and Support for Day to Day Living mental health programs who are ineligible for the NDIS will receive CoS from community mental health services delivered through the Primary Health Networks (PHNs). Combining the three mental health programs and delivering them through the PHNs will provide a consolidated approach to support, while reducing administration costs. The Department of Health (Health) will administer the new arrangements.

Clients of the three Commonwealth mental health programs who are ineligible for the NDIS will receive CoS through psychosocial support services delivered through the PHNs. Health will administer funding for these arrangements from 1 July 2019.

PHNs will commission existing providers where possible to continue supporting their clients eligible for CoS.

The department and Health will keep providers and eligible clients informed as the new arrangements are developed and implemented.

The new arrangements will also complement the 'Prioritising Mental Health - Psychosocial Support Services' measure contained in the 2017-18 Budget, which provided $80 million from 2017-18 to 2020-21 for community health services delivered through the PHNs to assist people with mental illness who do not meet the NDIS eligibility requirements for severity and permanence but are not current Commonwealth program clients.

Grants are made in accordance with the CGRGs. Grant selection processes utilise the standard grant model of the department, including the use of selection processes such as open, restricted competitive, direct and expression of interest selection processes. Information on grant availability and processes, including eligibility criteria and the application process is published on the department's website at www.dss.gov.au/grants.

From 1 July 2019, delegation to expend funds under the CoS arrangements for the three mental health programs resides with Health.

In addition, decisions affecting clients and providers for the three mental health programs will be the responsibility of Health. The Division Head, Primary Care and Mental Health Division is the delegated decision-maker.

In accordance with the Administrative Review Council's publication 'What decisions should be subject to merit review?', paragraph 4.18: 'the Council holds the view that decisions by government to allocate funding to programs as a whole are not suitable for review, as they are budgetary decisions of a policy nature, rather than decisions immediately affecting any particular person's interests. Those decisions are subject to parliamentary scrutiny, and the Minister who makes them will be held politically accountable for any consequences'. The Minister for Health will be making the decisions as to whether to provide funding to PHNs under these mental health programs. These decisions will be made in accordance with the CGRGs and the applicable legislative requirements under the PGPA Act to ensure that the processes of allocating funds are fair, the criteria for funding are made clear and the decisions are made objectively.

CoS for mental health programs was provided $91.6 million over a period of four years from 2018-19 in the 2018-19 Budget as part of the measure 'National Disability Insurance Scheme - continuity of support'. Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 176.

Funding for this item will come from Program 3.2: National Disability Insurance Scheme, which is part of Outcome 3: Disability and Carers. Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.15, Social Services Portfolio at pages 17 and 80. Administered funding for the Personal Helpers and Mentors program has been appropriated to Health in the forward estimates.

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 social welfare power (section 51(xxiiiA))

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

Social welfare power

The three mental health programs are intended to assist identified or identifiable individuals deal with and overcome issues associated with their illness, and therefore would be supported by the sickness benefits aspect of the social welfare power.

External affairs power

The mental health programs are also supported by the external affairs power as it is in line with Australia's obligations under the Convention on the Rights of Persons with Disabilities (CRPD), particularly Articles 4, 19, 25 and 26 and the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly Articles 2 and 12.

Convention on the Rights of Persons with Disabilities

Article 4 of the CRPD provides that States Parties undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. Specifically, Article 4(1)(a) provides that States Parties undertake to adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the present Convention; and Article 4(1)(c) requires States Parties to take into account the protection and promotion of human rights of persons with disabilities in all policies and programs.

Article 19 of the CRPD provides that States Parties to the Convention 'recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement.

b) Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community'.

Article 25 of the CRPD provides that States Parties 'recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:

a) Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes.

b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimise and prevent further disabilities, including among children and older persons.

c) Provide these health services as close as possible to people's own communities, including in rural areas.

d) Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care.

e) Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner.

f) Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability'.

Article 26 of the CRPD provides that States Parties 'shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:

a) Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths.

b) Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas'.

International Covenant on Economic, Social and Cultural Rights

Article 2(1) of the ICESCR provides that each State Party to the Covenant 'undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures'.

Article 2(2) provides that States Parties 'undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status'.

Article 12(1) of the ICESCR provides that 'States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. Article 12(2)(c) provides that the steps for States Parties to take realise this right shall include those necessary for the prevention, treatment and control of epidemic, endemic, occupation and other diseases; and Article 12(2)(d) provides 'the creation of conditions which would assure to all medical service and medical attention in the event of sickness'.

New table items 339 and 340 establish legislative authority for government spending on the Social Impact Investing--Payment by Outcomes Trials (PBO trials).

Table item 339 'Social Impact Investing - Payment by Outcomes Trial - Supporting employment opportunities for people who are unemployed or underemployed' will support Trial 1.

Table item 340 'Social Impact Investing - Payment by Outcomes Trials - Supporting the development and wellbeing of children' will support Trials 2 and 3.

The three PBO trials will help both the Government and social service providers to improve the understanding of how to identify, measure and achieve important social outcomes through outcome-based social service grant funding and delivery.

Social impact investments are investments made with the intention of generating measurable social outcomes in addition to some form of financial return. The Government's social impact investing principles guide actions across the Government related to the development of the social impact investing market. The Commonwealth expenditure in the table items embody the Government's social impact investing principles of co-design, outcomes aligned to the Government's policy priorities, robust outcomes-based measurement and evaluation, value for money, and fair sharing of risk and return.

Co-design is a model of collaboration in the social services sphere that involves designing and delivering social services in partnership between funders and service providers and incorporating the experience of service users. Co-design is increasingly becoming the preferred model for service design and delivery as evidence indicates that it is an effective means of ensuring the best outcomes.

The PBO trials will involve the Government partnering directly with known and trusted service providers who have demonstrated a strong capacity to understand and measure their program outcomes, and have a demonstrated record of positive performance relevant to the target groups in the trials. The selected service provider partners will be willing to take a greater share of risk for outcomes and work with the Government to co-design and establish PBO funding arrangement trials. Detailed selection criteria will be developed through the grant design process.

The PBO trials will use the co-design model of collaboration between the Government and known and trusted service providers to determine the best outcomes for the target groups. During co-design, the outcomes to be achieved will be agreed by the Government and the funded service providers, and an appropriate impact investment methodology will be used to determine the value of the agreed outcomes, and how their achievement is to be robustly measured, evaluated and verified.

It is expected that the Payment by Outcomes Trials measure will be announced as part of the 2019-20 Budget.

Trial 1 (Social Impact Investing - Payment by Outcomes Trial - Supporting employment opportunities for people who are unemployed or underemployed) will focus on improving employment, training and participation outcomes. Projects will be directed at supporting people into employment by providing unemployed or underemployed people with educational and training programs and necessary support directly related to improving a person's opportunity to find paid employment, including opportunities which provide individuals with a pathway to paid employment and to improve work skills.

Trial 1 will also support microenterprise development to create opportunities for people who are unemployed or underemployed by assisting people to enhance their workforce participation through increased business planning and workforce skills, the development of sustainable microenterprises and creating opportunities for employment, including self-employment, through activities including mentoring, business support and affordable business loans for low income earners.

The target group for Trial 1 will be people who are identified through receipt or partial receipt of a working age payment as being unemployed or underemployed. The number of trial participants from the target group will be determined during the co-design process and will depend on the cost-to-benefit ratio of the proposed intervention(s).

Trials 2 and 3 (Social Impact Investing - Payment by Outcomes Trials - Supporting the development and wellbeing of children) will focus on improving education and child development outcomes through projects directed at supporting the effective development of children's physical, emotional, mental and social wellbeing. These projects may include building the skills of parents or guardians to support the development of the children in their care and by supporting positive relationships between children and their parents or guardians.

The target group, or groups, for these trials will be vulnerable children, including disadvantaged children and children at risk of violence. The identification of this target group, or groups, will be undertaken through the use of data and consultation during the co-design process. The number of participants from the target group or groups will also be determined during co-design and will depend on the cost-to-benefit ratio of the proposed intervention(s).

The duration and geographical coverage of all three trials will be determined during co-design and take into account when measurable outcomes are expected to be achieved, and the appropriate client selection and referral processes for intervention delivery.

It is expected that expenditure for the PBO trials will require a combination of procurement and grant processes. Procurement processes are likely to be required to assist with the co-design, especially to guide outcome measurement and valuation, and to design and conduct the evaluations. The PBO funding mechanism will be a grant to be undertaken through the Community Grants Hub. It is expected that the department will make the final decision on procurement expenditure supporting the PBO trials using appropriate delegations.

The Minister for Families and Social Services will make the final decision as to the appropriateness of the type of approach to market to be undertaken, and will be the decision-maker for funding decisions for the grant opportunities. Applications for these grants will undergo an assessment process through the Community Grants Hub. The Community Grants Hub will assess each eligible and compliant application on its individual merit and make recommendations to the Minister for Families and Social Services for decision.

The selection documentation for this grant opportunity will be made available for the invited organisations on GrantConnect and the Community Grants Hub websites. Final decisions regarding expenditure of this measure will occur following a grants process conducted in accordance with the Commonwealth Grants Rules and Guidelines 2017.

The outcome of all grants awarded and funding rounds are published on GrantConnect no later than 21 working days after the grant agreement takes effect, in accordance with the Commonwealth Grants Rules and Guidelines 2017.

Funding to selected organisations to undertake the trials will be determined during the co-design process and will depend on the valuation of the outcomes agreed to be achieved and the cost of delivering the interventions to achieve the outcomes.

Decisions will be made in accordance with the applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines 2017.

Independent review of the funding decisions is not considered to be appropriate. The funding available for the PBO trials is specifically allocated across four financial years. Any delay to the administration of the funding may result in a loss of funding available to support organisations. This would undermine the grant process and negatively impact the security of future funding for successful organisations. A decision in relation to the funding amount will also be influenced by the number of organisations funded. As such, there is only a finite amount of resources available and an allocation that has been made to another party would be affected by a review overturning the original decision.

The guaranteed right of review under section 75(v) of the Australian Constitution, and review under section 39B of the Judiciary Act 1903, would still be available. Applicants will be notified in writing of the outcomes of their applications. Unsuccessful applicants will be offered feedback on their applications. People affected by administration decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

The PBO trials are part of the Government's broader $52.7 million commitment to the Australian social impact investing market, announced in the 2017-18, 2018-19 and 2019-20 Budgets. This commitment represents early involvement by the Commonwealth in social impact investing, with a focus on building the capacity of the Australian social impact investing market and trialling different ways to support social impact investing initiatives in Australia.

The total funding appropriated for the PBO trials is $15.7 million from 2018-19 to 2022-23.

Funding of $1.6 million over three years from 2018-19 was included in the 2018-19 Budget under the measure 'Social Impact Investing - trial'. Funding for this measure comes from Program 1.10, Working Age Payments, which is part of Outcome 1. Details of Program 1.10 are set out in the Portfolio Budget Statements 2018-19 Budget Related Paper No. 1.15, Social Services Portfolio, page 24.

An additional $14.1 million is allocated over four years from 2019-20. Funding is included in the 2019-20 Budget under the measure 'Social Impact Investing - Payment by Outcomes Trials and Sector Capability Support'. Funding for this measure comes from Program 1.10, Working Age Payments, which is part of Outcome 1. Details of Program 1.10 will be set out in the Portfolio Budget Statements 2019-20 Budget Related Paper No. 1.15, Social Services Portfolio.

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 social welfare power (section 51(xxiiiA))

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

Social welfare power

Funding for Trial 1 aims to improve employment outcomes by providing unemployed and underemployed people with educational and training programs and necessary support to improve their opportunities to find paid employment. Other projects which may be funded include those which support the development of microenterprises, including by providing mentoring or business support and affordable business loans for low income earners, or by enhancing people's workforce participation through increased business planning and workforce skills, development of sustainable microenterprises and creating opportunities for employment including self-employment.

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.

Convention on the Rights of the Child

Australia has international obligations regarding the rights of the child under the Convention on the Rights of the Child. In particular:

* Article 4 requires States Parties to 'undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention'.

* Article 6 requires States Parties to recognise every child's right to life and to ensure to the maximum extent possible the survival and development of the child.

* Article 18 requires States Parties to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child, and to render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and to ensure the development of institutions, facilities and services for the care of children.

* Article 19 requires States Parties to 'take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child'.

* Under Article 27(1), States Parties recognise 'the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development'. Article 27(3) requires States Parties to take 'appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing'.

* Under Articles 28 and 29, States Parties recognise 'the right of the child to education' and agree that the education of the child shall be directed to 'the development of the child's personality, talents and mental and physical abilities to their fullest' and to the 'development of respect for the child's parents'.

Funding under Trials 2 and 3 aim to improve education and child development outcomes through projects directed at supporting the effective development of children's physical, emotional, mental and social wellbeing. This may include projects which build the skills of parents or guardians to support the development of the child or children in their care, and those which support positive relationships between children and their parents or guardians.

International Covenant on Economic, Social and Cultural Rights

Australia also has international obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR). In particular:

* Article 2 which provides that States Parties undertake steps, particularly including adopting legislative measures, to achieve progressive realisation of the rights recognised by the ICESCR, and guarantee that these rights will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

* Article 6 which recognises 'the right to work' and requires States Parties to 'take appropriate steps to safeguard this right' including the implementation of 'programmes ... to achieve ... full and productive employment'.

* Article 11 states that States Parties are to recognise the right to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

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

Funding under Trial 1 aims to provide projects directed at fulfilling the rights of people to health, education, work and an adequate standard of living. Projects funded may include those directed to enhancing the workforce participation of people in receipt of an unemployment benefit, including through increasing business planning and workforce skills. Other projects funded may include those that provide education and early intervention programs targeting children at risk of violence; improve educational outcomes for disadvantaged children; or provide the effective development of children's physical, emotional, mental and social wellbeing.

International Labour Organization Conventions

Australia also has obligations under International Labour Organization Conventions on Organisation of the Employment Service Convention (ILO Convention 88), Employment Policy (ILO Convention 122), and Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142). In particular:

* Article 1 of the ILO Convention 88 requires States Parties to maintain or ensure the maintenance of a free public employment service. The essential duty of the employment service is to ensure the best possible organisation of the employment market.

* Articles 1 and 2 of the ILO Convention 122 require States Parties to pursue 'an active policy designed to promote full, productive and freely chosen employment', including deciding on and keeping under review measures to attain this objective.

* Articles 1 and 2 of the ILO Convention 142 oblige States Parties to adopt policies and programs of vocational guidance and training, linked with employment. These policies and programs, whether or not offered in the formal education system or outside it, should be designed to improve the ability of the individual to understand and influence the working and social environment, and should encourage and enable all persons, without discrimination, to develop and use their capabilities for work in their own best interests and aspirations, account being taken of the needs of society.

* Article 3 of the ILO Convention 142 requires States Parties to extend its systems of vocational guidance to ensure that comprehensive information is available to all children, young persons and adults, including appropriate programs for all handicapped and disabled persons.

* Article 4 of the ILO Convention 142 requires States Parties to extend systems of vocational training systems to meet the needs for vocational training throughout the life of young persons and adults in all sectors and at all levels of skill and responsibility.

Funding under Trial 1 aims to improve employment outcomes by providing unemployed and underemployed people with educational and training programs and necessary support to improve their opportunities to find paid employment. Other projects which may be funded include those which support the development of microenterprises, including by providing mentoring or business support and affordable business loans for low income earners, or by enhancing people's workforce participation through increased business planning and workforce skills, the development of sustainable microenterprises and creating opportunities for employment including self-employment.

New table items 341 to 345 establish legislative authority for government spending on initiatives to reduce violence against women and children under the Fourth Action Plan of the National Plan to Reduce Violence against Women and their Children 2010-2022 (the National Plan).

The National Plan provides the framework for action by Commonwealth, state and territory governments to reduce violence against women and their children. The National Plan is being implemented through four three-year action plans, with the Fourth Action Plan (2019-2022) to be launched in mid-2019.

As part of the 2019-20 Budget, the Commonwealth is anticipated to provide $186.3 million over four years towards Department of Social Services' initiatives outlined below.

The Department of Social Services will oversee the implementation of the following initiatives under the Fourth Action Plan:

The Preventing Violence Before it Happens initiative which would deliver a multifaceted preventative approach to stop violence, with funding of $60.2 million.
The Safe Places for People Experiencing Domestic and Family Violence initiative which would fund grants for building emergency accommodation for people affected by violence, with funding of $75.4 million.
The Building on the Strengths of the Family, Domestic, and Sexual Violence System initiative to support the continuation and expansion of existing programs, including the Specialised Family Violence Services sites and the Support for Trafficked People Program, with funding of $50.7 million.

The initiatives will draw on the national consultations on the Fourth Action Plan, and build on existing Commonwealth initiatives under previous action plans.

Funding will be included in the 2019-20 Budget under the measure 'Fourth Action Plan' for a period of four years, commencing in 2019-20, with details to be set out in Budget 2019-20, Budget Measures, Budget Paper No. 2 2019-20.

Funding for the Preventing Violence Before it Happens and Building on the Strengths of the Family, Domestic and Sexual Violence System initiatives will come from Program 2.1.5: Families and Communities, National Initiatives component, which is part of Outcome 2. The expansion of Specialised Family Violence Services sub-activity and the continuation of the Mensline' Changing for Good Program under the Building on the Strengths of the Family, Domestic and Sexual Violence System initiative will come from Program 2.1.2: Families and Communities, Families and Children component.

The emergency accommodation sub-activity of the Safe Places for People Experiencing Domestic and Family Violence initiative will come from Program 4.1: Housing and Homelessness, which is part of Outcome 4.

Details will be set out in the Portfolio Budget Statements 2019-20, Social Services Portfolio.

Applicants and grant recipients are able to make a complaint by contacting the complaints service listed on the Community Grants Hub website with complaints about the service, the selection process, or about the service of another grant recipient. In addition to the Community Grant Hub's complaints service, applicants are able to seek a review from the Commonwealth Ombudsman. Applicants will be notified in writing of the outcomes of their applications. Unsuccessful applicants will be offered feedback on their applications. Complaints can also be directed to the Department of Social Services feedback and complaints website.

There is no secondary or external merits review. Funds will be allocated either through a competitive selection process, or through a closed non-competitive process based on an organisation's specialised experience, record of high-performance, and expertise in addressing family, domestic and sexual violence and where it would be impractical and inefficient to select new organisations to deliver the activity. The remaking of a decision under merits review would affect the timely delivery of these activities, and delay the administration of grants. Funding is specifically allocated across three financial years, and any delay in the selection of an organisation would undermine the capacity for organisations to deliver the expected outcomes within the timeframes of the Fourth Action Plan.

Table item 341 'Safe places for women and children affected by domestic and family violence' establishes legislative authority for government spending on activities to support the Safe Places for People Experiencing Domestic and Family Violence initiative.

Funding will support the building of new or expanded emergency accommodation for women and children escaping domestic and family violence, including cluster accommodation, standalone dwellings, and self-contained apartments. Funding could also support renovations or repurposing of buildings where it creates new emergency accommodation.

A competitive grant process will be used to select organisations.

To be eligible to participate in the grants process, each organisation will need to demonstrate how their proposal addresses an existing gap. The program design will encourage local state and territory governments, philanthropy, business and communities to contribute funding as well. Organisations seeking funding will need to demonstrate how ongoing costs associated with building and tenancy management will be met.

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).

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 relating to the elimination of all forms of discrimination against women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In particular:

* Under Article 2, States Parties 'condemn discrimination against women in all its forms' and 'agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women'. Article 2(b) provides that States Parties undertake to adopt 'appropriate legislative and other measures' to this end.

* Article 3 requires States Parties to take 'all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men'.

* Article 5(a) requires States Parties to take 'all appropriate measures' to 'modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women'.

* Article 16 requires States Parties to 'take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations'.

Funding under the Program will be provided for the construction of new emergency accommodation for women and children escaping domestic and family violence, consistent with Australia's obligations to prevent and address issues of discrimination and violence against women. Funding will be structured in such a way as to ensure properties continue to operate as women's shelters using purpose deeds.

Australia also has international obligations regarding the rights of the child under the Convention on the Rights of the Child (CRC). In particular:

* Article 3 requires States Parties to undertake to ensure the child such protection and care as is necessary for his or her wellbeing and, to this end, take all appropriate legislative and administrative measures.

* Article 4 requires States Parties to undertake 'all appropriate legislative, administrative, and other measures for the implementation of the rights recognised' in the Convention.

* Article 34 of the CRC requires States Parties to take appropriate measures to prevent 'the inducement or coercion of a child to engage in any unlawful sexual activity' and the 'exploitative use of children in pornographic performances and materials'.

* Article 36 of the CRC requires States Parties to protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

Funding under the Program will be provided for the construction of new emergency accommodation for vulnerable and at-risk children and their carers escaping domestic and family violence.

Australia also has international obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR). In particular, Article 2 requires States Parties to take steps 'to the maximum of its available resources' to achieve the full realisation of the rights in the ICESCR. Article 11(1) recognises 'the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions'. Article 11(1) also requires States Parties to 'take appropriate steps to ensure the realisation to this right'. Funding will be provided for projects directed at reducing homelessness by supporting access to adequate emergency accommodation for women and their children escaping domestic and family violence.

Australia also has international obligations regarding the rights of persons with disabilities, including those set out in the Convention on the Rights of Persons with Disabilities (CPRD). In particular:

* Article 4 requires States Parties to undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.

* Article 6 requires States Parties to 'take all appropriate measures to ensure the full and equal enjoyment' by women and girls with disability of all human rights and fundamental freedoms, and to ensure 'the full development and advancement and empowerment of women'.

* Article 15 requires States Parties to take all effective measures to 'prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment'.

* Article 16(1) requires States Parties to take 'all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects'.

Funding under the Program will provide for the construction of accommodation for women and girls with disability experiencing or at risk of experiencing exploitation, violence and abuse in the context of family and domestic violence.

Territories power

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. Funding under the Program will support the construction of new emergency accommodation, including in the Northern Territory and the Australian Capital Territory.

Table item 342 'Specialised family violence services' provides legislative authority for government spending on activities to support the Building on the Strengths of the Family, Domestic, and Sexual Violence System initiative.

Funding will be provided for the expansion of existing Specialised Family Violence Services, currently operating through 23 Family and Relationship Services (FaRS) across 90 outlets, to up to 16 additional FaRS sites (subject to the outcome of the grant process). This will expand access to specialised counselling, behaviour change programs and education, and support for children who witness or experience violence.

A restricted competitive grant process, limited to existing FaRS providers, will be used to identify new sites and engage providers to deliver activities.

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 races power (section 51(xxvi))

* the social welfare power (section 51(xxiiiA)

* the communications power (section 51(v))

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

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 international obligations relating to the elimination of all forms of discrimination against women under the CEDAW, particularly Articles 2, 3, 5 and 16. Gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. Funding for Specialised Family Violence Services will support activities directed at preventing or addressing discrimination and violence against women. This includes education and training programs for people who use violent or abusive behaviours, as well as to the community more generally, to change social and cultural patterns based on the idea of inferiority or the superiority of any sex, or on stereotyped roles for genders to prevent further violence against women. Funding under the Program will also be directed to providing supports and services for women affected by domestic and family violence, including counselling, advocacy and support services, and information and referral services, to support their recovery, full development and wellbeing.

Australia has international obligations regarding the rights of the child under the CRC, particularly Articles 3, 4, 19, 34 and 36. Funding under Specialised Family Violence Services will be provided to activities focused on promoting the rights of the child, including on child and youth-focused groups with a specific focus on issues of domestic and family violence and family capacity-building programs.

Australia also has international obligations under the ICESCR, particularly Articles 2 and 11. In addition, Article 12 recognises 'the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'.

Funding for Specialised Family Violence Services will be directed to fulfilling the rights of individuals to health and an adequate standard of living. For example, Specialised Family Violence Services include providing access to appropriate counselling and support services for people affected by violence.

Australia also has international obligations regarding the rights of persons with disabilities, including those set out in articles 4, 6, 15 and 16 of the CPRD. Funding for Specialised Family Violence Services will be directed to activities that promote, protect and secure the rights of people with disability, within and outside the home. These include counselling services, advocacy and support services, and family capacity-building programs for people with disability affected by family and domestic violence.

Australia also has international obligations under the International Covenant on Civil and Political Rights (ICCPR). In particular:

* Article 2 requires States Parties to undertake to respect and to ensure civil and political rights of all persons 'without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status'.

* Article 7 states that no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment, and in particular, to medical or scientific experimentation without providing their free consent.

* Article 9 recognises the right to liberty and security of person.

Funding for Specialised Family Violence Services will be directed towards activities that seek to promote the security, and prevent the occurrence, of violence or degrading treatment against, any individual, including through preventative activities.

Territories power

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. Funding under the Program will support the expansion of Specialised Family Violence Services to additional Family and Relationship Services providers, including in the Northern Territory and the Australian Capital Territory.

Races power

Section 51(xxvi) of the Constitution empowers Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'. Funding for Specialised Family Violence Services will provide services to a number of specific cohorts, including Aboriginal and Torres Strait Islander peoples.

Social welfare power

The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including unemployment benefits and medical services. Funding for Specialised Family Violence Services will be directed to supporting individuals affected by family and domestic violence to access and apply for various social welfare services and benefits, including unemployment benefits.

Communications power

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'. Funding for Specialised Family Violence Services may be directed to activities supporting better outcomes for vulnerable people that are delivered online or through a telephone service, including information and counselling services.

Express incidental power and the executive power

Funding under the program may be provided for the evaluation of the outcomes and the impact of funded services. The data and findings will then be used to inform future government policy.

Table item 343 'Conducting and disseminating research into domestic, family and sexual violence' provides legislative authority for government spending on activities to support the Building on the Strengths of the Family, Domestic, and Sexual Violence System initiative.

This would expand the research and evidence base to support the National Plan, including producing key research publications. This includes an evaluation of the 12-year National Plan; and an evaluation of Our Watch, a national partner under the National Plan. An existing provider will be engaged through a closed non-competitive grant process to conduct specific research projects, with additional research projects to be procured from government partners and through the relevant Research, Evaluation and Data (READ) panel managed by the department.

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 communications power (section 51(v))

* the census and statistics power (section 51(xi))

* the territories power (section 122)

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

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 international obligations relating to the elimination of all forms of discrimination against women under CEDAW, particularly Articles 2, 3, 5 and 16. Gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. Funding under this Program will support the collection of research and an evidence base to support the development of effective policies and best practice across the sector. Research projects will include research into community attitudes and other factors driving violence to build community awareness of violence against women and their children.

Australia has international obligations regarding the rights of the child under the CRC, particularly Articles 3, 4, 19, 34 and 36. Funding under the Program may be directed to research projects that focus on specific issues faced by children and young people as victims, witnesses, or perpetrators of family, domestic and sexual violence.

Australia also has international obligations regarding the rights of persons with disabilities, including those set out in Articles 4, 6, 15 and 16 of the CPRD. Funding may be directed to research projects that focus on people with disability affected by family, domestic and sexual violence.

Australia also has international obligations under Articles 2, 7 and 9 of the ICCPR. Funding may be directed to research projects that examine the prevalence, drivers and interventions of specific forms of violence against individuals, including complex forms of violence, such as organ trafficking and slavery-like offences.

Communications power

Census and statistics power

Section 51(xi) of the Constitution empowers the Parliament to make laws with respect to 'census and statistics'. The Program may fund expenditure on technical infrastructure and tools that support the analysis of statistical data, as well as the collection and dissemination of information for statistical purposes.

Territories power

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. Funding under the Program will support the collection of research and an evidence base to support the development of effective policies and best practice across the sector, including in the Northern Territory and the Australian Capital Territory.

Express incidental power and the executive 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 supports activities that form part of the ordinary and well-recognised functions of government. Funding to commission and disseminate research and undertake consultation with stakeholders will be for the purpose of developing and informing Commonwealth policy on domestic, family and sexual violence, while the evaluation of Our Watch and the National Plan will be for the purposes of evaluating the effectiveness of Commonwealth-funded programs.

Table item 344 'Support for Trafficked People Program' provides legislative authority for government spending on activities to support the Building on the Strengths of the Family, Domestic, and Sexual Violence System initiative.

Additional funding in 2019-20 will be provided to the existing Support for Trafficked People Program (Support Program), with the existing provider to be funded through a variation to the existing grant.

The Support Program provides assistance to all victims of human trafficking, slavery and slavery-like practices, including forced marriage and forced labour, who meet the eligibility criteria.

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 social welfare power (section 51(xxiiiA))

* the aliens power (section 51(xix))

* the immigration power (section 51(xxvii)

* the territories power (section 122)

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

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 relating to the serious harm caused by transnational organised crime under the Convention Against Transnational Organized Crime (CTOC). In particular:

* Article 1 states that the Convention seeks to 'promote cooperation to prevent and combat transnational organized crime more effectively'.

* Article 25 requires States Parties to provide assistance and protection to victims, and also enable views and concerns of victims to be presented at criminal proceedings in a manner not prejudicial to the rights of the defence.

* Article 26 requires that States Parties encourage persons who have participated in organized criminal groups to supply information useful to competent authorities for investigative and evidentiary purposes.

* Article 27 requires that States Parties enhance the effectiveness of law enforcement action to combat the offences covered by the CTOC.

* Article 31 requires that States Parties establish national projects, best practices and policies to prevent transnational organised crime.

Transnational organised crime may comprise human trafficking and slavery in some cases; that is, where a criminal group with three or more persons is trafficking a person across national boundaries for financial or other material benefit. Funding under the Support Program will ensure ongoing support is available to victims of human trafficking and slavery, including support to victims contributing to criminal investigations or prosecutions.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children is a supplementary protocol under the CTOC, which includes measures to prevent trafficking; punish the traffickers; and protect the victims of such trafficking, especially women and children. In particular:

* Article 1 states that this Protocol supplements the CTOC.

* Article 6 requires States Parties to protect the privacy of trafficked victims; provide for the 'physical, psychological and social recovery of victims' and cooperate with non-governmental organisations and other relevant organisations where required; provide for the physical safety of victims; and ensure support is tailored.

* Article 9 requires measures be established to protect victims from re-victimisation.

The Support Program provides assistance to eligible victims of human trafficking and slavery. This includes people who have been affected by human trafficking, slavery, forced labour, deceptive recruiting for labour or services, servitude, debt bondage, forced marriage, harbouring and/or organ trafficking.

A non-government organisation, the Australian Red Cross delivers the Support Program nationally. Funding will ensure eligible victims, including victims of trafficking, can access tailored case management support. In particular, the Red Cross provides for the physical, psychological and social recovery of victims by providing access to secure accommodation, financial assistance, assistance with accessing medical treatment and counselling, referrals for legal and migration services, as well as developing options for life after they leave the Support Program. Case managers are responsible for ensuring the appropriate delivery of support services to meet clients' individual needs.

Australia has international obligations regarding the promotion of equal rights for women and girls under the CEDAW, particularly Articles 2, 3, 5 and 16. Gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. Funding under the Support Program will provide ongoing support to eligible victims of human trafficking and slavery. The majority of victims on the Support Program have been women who have experienced sexual or labour exploitation in a commercial setting, or alternatively been victim to, or at risk of, forced marriage.

Australia has international obligations regarding the recognition of the civil, political, economic, social and cultural rights of every child under CRC, particularly Articles 4, 19, 34 and 36. Further:

* Article 32 requires States Parties to protect children from economic exploitation and from performing any work that is likely to be hazardous or harmful to the child (specifically their education, health, or physical, mental, spiritual, moral or social development).

* Article 35 requires States Parties to take all appropriate measures to 'prevent the abduction of, the sale of or traffic in children for any purpose or in any form'.

Funding under the Support Program will provide ongoing support to eligible victims of human trafficking and slavery, including victims of forced marriage (often children). There is also potential to embed the trial Forced Marriage Support Stream into the Support Program, pending evaluation outcomes. Funding may assist with this embedding process. The Forced Marriage Support Stream ensures that victims of forced marriage are no longer required to engage in criminal proceedings to access support. This requirement had previously deterred children from accessing support, as they were reluctant to prosecute their family or community members (who may have been party to their forced marriage).

Australia has international obligations regarding the protection of children under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. In particular:

* Article 8 requires States Parties to protect the rights and interests of child victims, and ensure appropriate training is provided to persons who work with victims.

* Article 9 requires States Parties to take all feasible measures to provide appropriate assistance to child victims, and ensure they can seek compensation from those legally responsible.

Funding under the Support Program will provide ongoing support to eligible victims of human trafficking and slavery, including victims of forced marriage (often children).

Australia has international obligations regarding the recognition of the inherent dignity of each individual and promotes States to allow citizens to enjoy civil and political freedom and freedom from fear under Articles 2 and 7 of the ICCPR. Further:

* Article 8 states 'no one shall be held in slavery ... servitude [or] be required to perform forced or compulsory labour'.

* Article 23 recognises families as being 'entitled to protection by society and the State', and requires States Parties to 'take appropriate steps to ensure quality of rights and responsibilities of spouses as to marriage, during marriage and its dissolution.'

Funding under the Support Program will provide ongoing support to eligible victims of human trafficking and slavery, including victims of forced marriage (often children). The funding may also assist with embedding the Forced Marriage Support Stream into the Support Program, if the Government chooses to do so pending evaluation outcomes.

Australia has international obligations regarding the protection of economic, social and cultural rights under Articles 2 and 11 of the ICESCR. Further:

* Article 6 requires States Parties to safeguard the right of people to gain their living by work that they freely choose or accept.

* Article 10 requires that States Parties protect and assist families, noting that 'marriage must be entered into with the free consent of the intending spouses' and also that 'children and young persons should be protected from economic and social exploitation'.

The Forced Labour Convention 1930 aims to suppress the use of forced or compulsory labour in all its forms. In particular, Article 1 mandates that all ratifying parties seek to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.

Funding under the Support Program will provide ongoing support to eligible victims of human trafficking and slavery, including victims of forced labour, servitude and forced marriage, which often includes children. The Support Program will aim to provide this support alongside the implementation of Australia's National Action Plan to Combat Human Trafficking and Slavery 2015-19, which provides the strategic framework for Australia's response to end human trafficking and slavery.

The Slavery Convention 1962 establishes rules to advance the suppression of slavery and the slave trade. In particular, Article 2 requires action be taken to 'prevent and suppress slave trade' and bring about 'the complete abolition of slavery in all its forms.'

Funding under the Support Program will ensure it can meet rising demand by continuing to deliver critical support for all identified victims of human trafficking and slavery.

Australia has international obligations regarding the recognition of the prohibition of slavery and servitude under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. In particular, Article 1 requires State Parties to implement measures to allow for the abolition of debt bondage, serfdom, forced marriage and child marriage.

Funding under the Support Program will ensure it can meet rising demand by continuing to deliver critical support for all identified victims of human trafficking and slavery. This includes forced labour, servitude, debt bondage and forced marriage.

Social welfare power

The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including unemployment benefits and medical services. Funding for the Support Program will be directed to supporting individuals affected by human trafficking and slavery to access various social welfare services and benefits, including medical services and the Pharmaceutical Benefits Scheme, available income support, and a Health Care Card if eligible.

Aliens power

Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to 'naturalization and aliens'. Funding for Support Program will be directed to supporting people who are non-citizens of Australia. Support and services will be delivered in culturally sensitive ways.

Immigration power

Section 51(xxvii) of the Constitution empowers the Parliament to make laws with respect to immigration and emigration. Funding for the Support Program will be directed to supporting people who are new migrants to Australia. Support and services will be delivered in culturally sensitive ways.

Territories power

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. Funding under the Support Program will provide ongoing support to eligible victims of human trafficking and slavery, including victims of forced marriage (often children), including in the Northern Territory and the Australian Capital Territory.

Express incidental power and the executive 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 supports activities that form part of the ordinary and well-recognised functions of government. Funding under the Support Program may be provided for the evaluation of outcomes and impact of funded services. The data and findings will then be used to inform future government policy.

Table item 345 'Implementation of the Fourth Action Plan to Reduce Violence against Women and Children' provides legislative authority to support government spending on activities to support the Preventing Violence Before it Happens and the Building on the Strengths of the Family, Domestic, and Sexual Violence System initiatives.

Activities under the Preventing Violence Before it Happens initiative include:

* Developing and implementing a national prevention strategy, drawing on preventative models employed in other government initiatives. An existing provider will be engaged through a closed non-competitive grant process to work with government, social and public health academics, economists, media experts and the community sector to establish a prevention hub.

* Funding a suite of community awareness and outreach activities to strengthen community understanding of family, domestic and sexual violence; increase acceptance of these issues from the broader community; provide information on community responsibilities when responding to these issues; and direct community members to appropriate supports and services. These activities may include advertising on billboards and social media; developing resources such as posters and brochures to be distributed within the community; and a dedicated website that will provide information, tools and advice for victims, their family and perpetrators. An existing provider will be engaged through a closed non-competitive grant process to work closely with key stakeholders, including the community of practice, to deliver these activities.

* Working with universities and media peak bodies to encourage journalists and media professionals to use existing tools, resources and programs for journalists. A 'training the trainer' program will be developed and piloted to improve the media's understanding on reporting violence against women and their children. An existing provider will be funded through a closed non-competitive grant process to engage with key stakeholders and deliver the training course.

* Piloting a national workforce development program to fast-track upskilling of people within the prevention sector and contributing workforce. A provider will be selected through an open competitive grant process to develop and manage the program, which is expected to include face-to-face and online training, individual mentoring, and peer support forums.

* Continuing the existing national communications campaign, Stop it at the Start, to address broader community social drivers and attitudes that can lead to domestic, family and sexual violence. The campaign aims to help break the cycle of violence by encouraging adults to reflect on their attitudes, and have conversations about respect with young people. This campaign will be scalable should states and territories continue providing matched funding, as with the first two phases of the campaign. Suppliers will be procured from the relevant panels.

* Developing community awareness activities with a specific focus on sexual violence as a form of violence in its own right, including as a separate crime. The objective will be to drive population-level behavioural change in areas of physical integrity, consent, healthy sexual relationships, victim blaming, and addressing the impacts of harmful pornography. The campaign will have a particular focus on people most at risk, including young people and women with a disability. A provider will be selected through a competitive grant process.

* Supporting programs that promote positive male role models and encourage men in their roles as fathers. Existing providers will be funded through closed
non-competitive grant processes to continue well-established programs, such as the Mensline' Changing for Good Program.

* An open competitive grant process will be used to seek providers or consortia to develop and implement innovative proposals that promote positive male role models.

* Supporting community-led strategies to prevent violence, particularly in culturally and linguistically diverse (CALD) communities, Aboriginal and Torres Strait Islander communities, people with disability, and other communities at higher risk of violence. An open competitive grant process will be used to generate innovative community-led prevention projects. A grant process will be used to engage a provider, likely the Australian Local Government Association, to embed the toolkits and learnings developed through the Third Action Plan.

Activities under the Building on the Strengths of the Family, Domestic, and Sexual Violence System initiative include:

* Engaging an existing provider through a closed non-competitive grant process to continue the delivery of national training for frontline workers in the health, allied health and community sector to support those affected by domestic and family violence. This will equip workers who interact with individuals and communities experiencing violence to recognise, respond and refer them to specialist services, and help embed tools developed through the Third Action Plan.

* Developing a training module for university students in key disciplines, such as health and social work, to better recognise and respond to domestic, family and sexual violence, and understand critical interfaces with the specialist family violence service system. An existing provider will be engaged through a closed non-competitive grant process to work with the university sector on the module, with the university sector to support its implementation and roll-out in subsequent years.

* Establishing and implementing accredited training across sectors to improve worker responses to victims of sexual violence. It will include a focus on specific forms of violence, including technology-facilitated sexual violence, non-consensual image-based abuse, and stalking; and on the most vulnerable communities and cohorts, including women with disability. A provider will be selected through an open competitive grant process to develop and deliver the accredited training program. Training may be delivered through a mix of face-to-face or through e-learning modules, depending on responses to the grant process.

* Continuation of The Line, a primary prevention behaviour change campaign for young people aged 12 to 20 years, and other targeted awareness-raising initiatives for young people, with an existing provider to be funded through a closed non-competitive grant process.

* Developing and publishing national standards for sexual violence responses, including victim and perpetrator programs, with a supplier to be selected through a grant or procurement process.

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 aliens power (section 51(xix))

* the immigration power (section 51(xxvii))

* the races power (section 51(xxvi)

* the communications power (section 51(v))

* the territories power (section 122)

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

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 international obligations relating to the elimination of all forms of discrimination against women under the CEDAW, including Articles 2, 3, 5 and 16. Gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. Funding under the Program will provide a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence against women.

Australia has international obligations regarding the rights of the child under the CRC, particularly Articles 3, 4, 19, 34 and 36. Funding under the Program will provide a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence against children.

Australia has international obligations under Articles 2, 7 and 9 of the ICCPR. Funding under the Program will provide for a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence, and will seek to prevent the occurrence of violence against any individual.

Australia has international obligations regarding the rights of persons with disabilities, including those set out in Articles 4, 6, 15 and 16 of the CPRD. Funding under the Program will provide a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence against persons with disabilities.

Aliens power

Section 51(xix) of the Constitution gives the Parliament the power to make laws with respect to 'naturalization and aliens'. Funding under the Program will provide for a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence, and includes support for a number of specific cohorts, which may include persons who are non-citizens of Australia. These programs should also be culturally appropriate and adaptable. There will be an increased focus on supporting people and communities in culturally sensitive ways, including women from culturally and linguistically diverse backgrounds.

Immigration power

Section 51(xxvii) empowers the Parliament to make laws with respect to 'immigration and emigration'. Funding for a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence will include support for a number of specific cohorts, which may include new migrants to Australia. These programs should also be culturally appropriate and adaptable. There will be an increased focus on supporting people and communities in culturally sensitive ways, including women from culturally and linguistically diverse backgrounds.

Races power

Section 51(xxvi) of the Constitution empowers Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'. Funding for a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence will include support for a number of specific cohorts, which may include Aboriginal and Torres Strait Islander peoples. These programs should be culturally appropriate and adaptable. There will be an increased focus on supporting people and communities in culturally sensitive ways, including Aboriginal and Torres Strait Islander women.

Communications power

Section 51(v) of the Constitution empowers Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'. Funding under the Program will support the provision of services that are delivered online or through a telephone service, including information and counselling services.

Territories power

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. Funding under the Program will support a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence, including in the Northern Territory and the Australian Capital Territory.

Express incidental power and the executive 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 supports activities that form part of the ordinary and well-recognised functions of government. Funding under the Program may be provided for the evaluation of outcomes and impact of funded services. Data and findings would be used to inform future government policy.

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 (Social Services Measures No. 2) Regulations 2019

This disallowable legislative instrument 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 FF(SP) 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 Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 2) Regulations 2019 amend Schedule 1AB to the FF(SP) Regulations to add nine new table items to establish legislative authority for government spending on certain activities that are administered by the Department of Social Services.

This instrument adds the following table items to Part 4 of Schedule 1AB:

* table item 337 for 'Overseas Adoption Services'

* table item 338 for 'Continuity of Support--Community Mental Health Services'

* table item 339 for 'Social Impact Investing--Payment by Outcomes Trials (supporting employment opportunities for unemployed or underemployed persons)'

* table item 340 for 'Social Impact Investing--Payment by Outcomes Trials (supporting the development and wellbeing of children)'

* table item 341 for 'Safe places for women and children affected by domestic and family violence'

* table item 342 for 'Specialised family violence services'

* table item 343 for 'Conducting and disseminating research into domestic and family violence, and sexual violence'

* table item 344 for 'Support for Trafficked People Program'

* table item 345 for 'Implementation of the Fourth Action Plan to Reduce Violence against Women and Children'.

Table item 337 - Overseas Adoption Services

The grant-based Intercountry Adoption Family Support Service (ICAFSS) provides broad-based counselling and parenting education services throughout Australia to support people who have been, or are, formally engaged in the intercountry adoption process.

The Minister for Families and Social Services has portfolio responsibility for the ICAFFS.

Human rights implications - Overseas Adoption Services

This legislative instrument engages the following rights:

Convention on the Rights of the Child

The ICAFFS engages the right to assistance in child-rearing contained in Article 18(2) which states that 'for the purpose of guaranteeing and promoting the rights set forth' in the Convention on the Rights of the Child, 'States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities.’

International Covenant on Civil and Political Rights

The ICAFFS engages the right to the protection of the family contained in Article 23 of the International Covenant on Civil and Political Rights. Article 23 states that 'the family is the natural and fundamental group unit of society and is entitled to protection by society and the State'.

International Covenant on Economic, Social and Cultural Rights

The ICAFFS engages the right to protection and assistance for the family unit outlined in Article 10 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 10 provides that States Parties to the Covenant recognise that 'the widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children'.

The ICAFFS also engages the right to physical and mental health contained in Article 12(1) of the ICESCR, which provides that 'States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. Further, Article 12(2)(d) of the ICESCR states that the steps for States Parties to take to realise this right include those necessary for the 'creation of conditions which would assure to all medical service and medical attention in the event of sickness'.

Conclusion

Table item 337 is compatible with human rights because the ICAFSS provides services that advance the protection of the family unit and support the physical and mental health of adoptees and their families.

Table item 338 - Continuity of Support--Community Mental Health Services

The Community Mental Health Services (CMHS) provides funding to support existing Commonwealth clients of the Personal Helpers and Mentors, Partners in Recovery and Support for Day to Day Living in the Community mental health programs who are ineligible for the National Disability Insurance Scheme to continue to receive supports. Services will be received through psychosocial support services delivered through the Primary Health Networks from 1 July 2019.

The Minister for Health has portfolio responsibility for these matters.

Human rights implications - Continuity of Support--Community Mental Health Services

Table item 338 engages the following human rights:

* the rights of people with disability - Articles 4, 19, 25 and 26 of the Convention on the Rights of Persons with Disabilities

* the right to health - Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Rights of people with disability

Table item 338 promotes the rights of people with disability as the item will provide funding for programs to assist people in need of mental health support but who are not eligible for funding under the National Disability Insurance Scheme for severity and permanence requirements. These programs will ensure that people in need of mental health support are able to receive the services they require in order to promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.

Table item 338 will ensure that persons with disabilities will be able to live independently in the community, with choices equal to others, and have the opportunity to have full enjoyment, inclusion and participation in the community.

Right to health

Table item 338 promotes the right to health by providing the right to the enjoyment of the highest attainable standard of physical and mental health. It is contained in Article 12(1) of the ICESCR.

Table item 338 promotes this right by providing for the services, treatment and care for people in need of mental health support.

Conclusion

Table item 338 is compatible with human rights because it promotes the protection of human rights.

Table items 339 and 340 - Social Impact Investing--Payment by Outcomes Trials

The legislative authority will allow the Australian Government to partner with social service delivery organisations to design and implement three Payment by Outcomes Trials (PBO Trials) that will help both the Government and social service providers to improve their understanding of how to identify, measure, and achieve important social outcomes through outcome-based social service grant funding and delivery.

By increasing the focus on measurable outcomes the department will be able to analyse their effectiveness and value and better inform social service investment decisions. This will assist the Government to establish more appropriate and sustainable sharing of risks and returns with service providers and inform future reform of grants funding arrangements. The PBO trials embody the Australian Government's principles for social impact investing.

The Minister for Families and Social Services has portfolio responsibility for this initiative.

Human rights implications - Social Impact Investing--Payment by Outcomes Trials

Table items 339 and 340 engage the following human rights:

* the rights of parents and children - Article 3 of the Convention on the Rights of the Child (CRC)

* the right to protection from exploitation, violence and abuse - Article 19(1) of the CRC

* the right to work and rights at work - Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 1 of the International Labour Organization's (ILO) Convention concerning the Organisation of the Employment Service (ILO Convention 88), Articles 1 and 2 of the ILO's Convention concerning Employment Policy (ILO Convention 122), and Articles 1, 2, and 3 of the ILO's Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142)

* the right to health - Article 12(1) of the ICESCR

* the right to an adequate standard of living - Article 11 of the ICESCR

* the right to education - Article 13 of the ICESCR.

Rights of parents and children

In addition to the rights enjoyed by all persons under human rights treaties, parents and children enjoy special rights, particular to their status. These table items engage the rights contained in Articles 4, 6, 18, 19, 27, 28 and 29 of the CRC.

Table items 339 and 340 promote these rights by allowing the Government to fund or invest in social impact investments that run projects directed at supporting or improving the development and wellbeing of children, including vulnerable and at-risk children. For example, funding may be provided to projects that support the effective development of children's physical, emotional, mental and social wellbeing, improve educational outcomes for children, or build the skills of parents or guardians to support the development of the child or children in their care and to support positive relationships between children and their parents or guardians.

Right to protection from exploitation, violence and abuse

The right to protection from exploitation, violence and abuse requires countries to take measures to protect persons from exploitation, violence and abuse. This measure engages the rights contained in Article 19(1) of the CRC.

Table items 339 and 340 promote these rights by allowing the Government to fund or invest in social impact investments that provide services to or benefit vulnerable children at risk of exploitation, violence, or abuse. This may include organisations that run programs aimed at reducing domestic and family violence.

Right to work and rights at work

The right to work includes the right of everyone to the opportunity to gain his or her living by work which he or she freely chooses or accepts. Rights at work include the enjoyment of just and favourable conditions or work, and to form and join trade unions. This measure engages the rights contained in Article 6 of the ICESCR, Article 1 of the ILO Convention 88, Articles 1 and 2 of the ILO Convention 122, and Articles 1, 2, and 3 of the ILO Convention 142.

Table items 339 and 340 promote these rights by allowing the Government to fund or invest in social impact investments that support microenterprise development to create opportunities for people who are unemployed or underemployed by assisting people to enhance their workforce participation through increased business planning and workforce skills, the development of sustainable microenterprises and creating opportunities for employment including self-employment through activities including mentoring, business support, and affordable business loans for low income earners.

Right to health

The right to health is the right to the enjoyment of the highest attainable standard of physical and mental health. It is contained in Article 12(1) of the ICESCR.

Table items 339 and 340 promote this right by allowing the Government to fund or invest in social impact investments that support the effective development of children's physical, emotional, mental and social wellbeing.

Right to an adequate standard of living

The right to an adequate standard of living includes adequate food, clothing and housing, and to the continuous improvement of living conditions. It is contained in Article 11 of the ICESCR.

Table items 339 and 340 promote this right by allowing the Government to fund or invest in social impact investments which enhance the workforce participation of people in receipt of unemployment benefits through increased planning and workforce skills, the development of sustainable microenterprises, and creating opportunities for employment.

Right to education

The right to education includes certain minimum requirements for different levels of education, including fundamental, primary, secondary, and higher education. This right is contained in Article 13 of the ICESCR.

Table items 339 and 340 promote this right by allowing the Government to fund or invest in social impact investments which improve education outcomes, including through providing education programs targeting children at risk of violence.

Conclusion

Table items 339 and 340 are compatible with human rights because they promote the protection of human rights.

The PBO trials will provide funding to organisations that can demonstrate evidence of outcomes previously achieved for its target cohort. The PBO trials will also mandate that organisations define and measure the outcomes and impact of their intended intervention during the co-design phase. As such, the risk that a program could unintentionally infringe on a human right is small. The Department of Social Services will monitor the evaluation closely and, in the unlikely event a negative impact occurs on any human right, amend or cancel the program.

Table item 341 - Safe places for women and children affected by domestic and family violence

Table item 341 allows the Government to establish a $75.4 million competitive grant process for establishing new or expanded emergency accommodation for people escaping domestic and family violence. The grant program could also fund renovations or repurposing of buildings where they create new emergency accommodation.

The types of emergency accommodation could include cluster accommodation, standalone dwellings, and self-contained apartments.

It will enable organisations that have projects close to commencement but final investment, to bring forward projects, and support organisations that have identified a need in their local areas to partner with local, state or territory governments, philanthropy businesses and communities to develop a proposal.

The grant program will be structured to encourage contributions, including land and financial investment from other levels of government, and from businesses, communities and philanthropic sources.

Human rights implications - Safe places for women and children affected by domestic and family violence

Table item 341 engages the following rights:

the rights of women not to be discriminated against based on gender, especially Articles 2, 3, 5 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

* the right to protection against exploitation, violence and abuse located in Article 19, of the Convention on the Rights of the Child (CROC), and Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD)

* the right to an adequate standard of living, including food, water and housing in Articles 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Rights of women not to be discriminated against based on gender

The CEDAW provides that States Parties must ensure the effective protection of women against acts of discrimination and outlines key principles of equality in relation to women's political participation, health, education, employment, marriage, family relations and equality before the law. In particular:

Article 2 provides that States Parties agree to pursue the elimination of discrimination against women.
Article 3 requires States Parties to take appropriate measures to ensure women's full development and advancement, so that they can enjoy human rights and fundamental freedoms on the same basis as men.
Article 5 requires States Parties to take appropriate measures to modify the social and cultural patterns of conduct of men and women, to eliminate prejudices based on the ideas of inferiority or superiority of either of the sexes.
Article 16 requires States Parties to take appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.

The Committee on the Elimination of All Forms of Discrimination against Women (CEDAW Committee) formed under CEDAW has stated that gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.

Table item 341 promotes the elimination of discrimination against women by supporting the construction of new or expanded emergency accommodation facilities for women escaping domestic and family violence. The capital grant program will be structured to ensure properties continue to operate as emergency accommodation for women and children escaping domestic and family violence using purpose deeds.

Right to protection against exploitation, violence and abuse

Article 19 of the CROC imposes an obligation on countries to take measures to protect children from all forms of physical or mental violence, injury or abuse, and to prevent such violence occurring, including through social programs for their carers. The right to protection against exploitation, violence and abuse for all persons with disability is also found in Article 16 of the CRPD.

Table item 341 promotes these rights by allowing the Government to fund new or expanded emergency accommodation for women and their children escaping family and domestic violence. Children who are exposed to acts of abuse or violence in the home experience significant lifelong impacts, including potential psychological and behavioural issues, health issues, and other impacts on wellbeing and development. Table item 341 supports children and their carers to escape domestic and family violence by increasing the availability of emergency accommodation.

Right to an adequate standard of living

Article 11 of the ICESCR recognises the right of people to an adequate standard of living including housing. Family and domestic violence often disrupts housing security and is the leading cause of homelessness for women in Australia.

Table item 341 promotes this right by allowing government to fund an increase in the availability of emergency accommodation to address the housing needs of women and children impacted by domestic and family violence. The types of emergency accommodation could include cluster accommodation (with private bedrooms and bathrooms, and shared communal areas), standalone dwellings, and self-contained apartments.

Conclusion

Table item 341 is compatible with human rights because it promotes the elimination of discrimination against women; the right to protection against exploitation, violence and abuse; and the right to an adequate standard of living.

Table item 342 - Specialised family violence services

Specialised Family Violence Services use a whole-of-family approach to support people affected by family and domestic violence, including children who witness or experience family and domestic violence, and individuals who use violent behaviour. Specialised Family Violence Services are currently delivered by 23 non-government organisations under the Family and Relationship Services activity.

Table item 342 supports the expansion of Specialised Family Violence Services to up to an additional 16 Family and Relationship Services providers. Providers will be funded to deliver activities under Specialised Family Violence Services, including: individual or couple broad-based counselling and dispute resolution services; education for individuals who use violent or abusive behaviour; support for individuals affected by violence; and support for children who experience or witness violence.

Services will be targeted at priority cohorts, including Aboriginal and Torres Strait Islander people; people from culturally and linguistically diverse backgrounds; women with disability; children and young people; the LGBTIQ community; and users of violence.

Human rights implications - Specialised family violence services

Table item 342 engages the following rights:

the rights of women not to be discriminated against based on gender, especially Articles 2, 3, 5 and 16 of the CEDAW

* the right to protection against exploitation, violence and abuse located in Articles 19, 34 and 36 of the CROC, and Article 16 of the CRPD.

Rights of women not to be discriminated against based on gender

The CEDAW provides that States Parties must ensure the effective protection of women against acts of discrimination. Gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.

Table item 342 promotes the elimination of discrimination against women by enabling the Government to fund:

support and counselling services for women affected by domestic and family violence
education and training programs for people who use violent or abusive behaviours to prevent further violence against women
community-based education and training programs more generally to address drivers of violence and other forms of discrimination against women
family capacity-building programs that aim to strengthen positive, equal and respectful relationships and address discrimination (including violence) against women
advocacy and support services, particularly in relation to legal issues faced by victims of domestic and family violence
information and referral services for people affected by family and domestic violence.

Right to protection against exploitation, violence and abuse

Table item 342 promotes the right to protection against exploitation, violence and abuse by enabling the Government to fund:

child and youth-focused groups with a specific focus on issues of domestic and family violence
support and counselling services; advocacy and support services, including in relation to legal issues; and information and referral services for people affected by family and domestic violence, including children and people with disability
education and training programs for people who use violent or abusive behaviours to prevent further violence against women and their children, and for the community more generally
family capacity-building programs that aim to promote gender equality and prevent violence against women.

Conclusion

Table item 342 is compatible with human rights because it promotes the elimination of discrimination against women and the right to protection against exploitation, violence and abuse.

Table item 343 - Conducting and disseminating research into domestic and family violence, and sexual violence

The Australian Government will fund relevant organisations to conduct research and evaluation activities to support the objectives of the National Plan to Reduce Violence against Women and their Children 2010-2022 (the National Plan), including informing policy development. It will include research into the prevalence of violence, attitudes towards violence, and interventions that reduce violence, with a focus on issues related to perpetrators, people with disability, and people of culturally and linguistically diverse backgrounds. An existing provider will be engaged through a closed non-competitive grant process to conduct specific research projects, with additional research projects to be procured from government partners and through the relevant Research, Evaluation and Data (READ) panel managed by the Department of Social Services.

Funding will also be provided for an independent evaluation of Our Watch, a company limited by guarantee formed by the Commonwealth and the States and Territories (other than New South Wales) under the National Plan, and funded by governments to conduct specific activities.

Human rights implications - Conducting and disseminating research into domestic and family violence, and sexual violence

Table item 343 engages the following rights:

the rights of women not to be discriminated against based on gender, especially Articles 2, 3, 5 and 16 of the CEDAW

* the rights to protection against exploitation, violence and abuse located in Articles 3, 4, 19, 34 and 36 of the CROC, and Article 16 of the CRPD.

Rights of women not to be discriminated against based on gender

Table item 343 promotes the elimination of discrimination against women by allowing government to fund research and develop an evidence base to support the development and dissemination of effective policies and best practice across the sector. Research projects will include research into community attitudes and other factors driving violence to build community awareness of violence against women and their children.

Rights to protection against exploitation, violence and abuse

Table item 343 promotes the right to protection against exploitation, violence and abuse by allowing government to fund research projects that address key evidence gaps, including research on specific issues and barriers faced by people with disability and other cohorts vulnerable to exploitation, violence and abuse.

Conclusion

Table item 343 is compatible with human rights because it promotes the elimination of discrimination against women and the right to protection against exploitation, violence and abuse.

Table item 344 - Support for Trafficked People Program

The Australian Government has funded the Support for Trafficked People Program (Support Program) since 2004. The aim of the Support Program is to support victims of human trafficking, slavery or slavery-like offences, including organ trafficking, forced labour and forced marriage.

The Government will fund a service provider to provide intensive case management; assistance to find secure accommodation and purchase essential household items; high-quality counselling and medical services; financial assistance; referrals to legal and migration services; and social support. Clients are referred to the program by the Australian Federal Police (AFP). Additional funding for the support program is being provided under the Fourth Action Plan.

Human rights implications - Support for Trafficked People Program

Table item 344 engages the following rights:

the rights to freedom from cruel, inhuman or degrading treatment; slavery; and forced marriage located in Articles 7, 8 and 23 of the International Covenant on Civil and Political Rights (ICCPR)
the rights of women not to be discriminated against based on gender, especially Articles 6 and 16 of the CEDAW

* the rights to protection against exploitation, violence and abuse located in Article 19 of the CROC, and Articles 16 and 23 of the CRPD.

Rights to freedom from cruel, inhuman or degrading treatment, slavery and forced labour

Article 7 of the ICCPR provides that no one shall be subjected to torture or to cruel, inhuman or degrading treatment, including to medical or scientific experimentation without free consent. Article 8 of the ICCPR provides that no one shall be held in slavery, servitude or required to perform forced or compulsory labour. Article 23 of the ICCPR sets out the human right to respect for the family, including that no marriage will be entered into without the free and full consent of the intending spouses.

Table item 344 upholds and promotes these rights by enabling the Government to fund supports and services for people who are victims of human trafficking, slavery or slavery-like offences, including victims of organ trafficking, forced labour and forced marriage. The objective of the program is to support and aid victims in their recovery from trafficking, slavery and related offences.

The support program is consistent with Australia's obligations to prevent cruel, inhuman or degrading treatment, slavery, and forced marriage. The support program is delivered in connection with the AFP, and provides specific, intensive support for victims who are assisting with investigations and prosecutions of these offences.

Rights of women not to be discriminated against based on gender

The CEDAW provides that States Parties must ensure the effective protection of women against acts of discrimination. In particular, Article 6 of the CEDAW requires States Parties to take all appropriate measures to suppress all forms of trafficking of women. Article 16 provides for equal rights in the area of marriage, including the right to marry only with free and full consent.

Table item 344 promotes these rights by enabling the Government to fund services designed to protect female victims of trafficking, including forced marriage, to assist in their recovery, and to participate in investigations or prosecutions of these offences.

Rights to protection against exploitation, violence and abuse

Article 19 of the CROC imposes an obligation on countries to take measures to protect children from all forms of physical or mental violence, injury or abuse, and to prevent such violence occurring. The right to protection against exploitation, violence and abuse for all persons with disability is also found in Article 16 of the CRPD.

Table item 344 promotes the human rights of children and people with disability to be free from all forms of exploitation, violence and abuse by allowing the government to fund programs that assist victims to recover, and to additionally participate in investigations or prosecutions of human trafficking, slavery or slavery-like offences.

Conclusion

Table item 344 is compatible with human rights because it promotes the right to freedom from cruel, inhuman or degrading treatment; slavery; and forced marriage; the elimination of discrimination against women; and the right to protection against exploitation, violence and abuse more broadly.

Table item 345 - Implementation of the Fourth Action Plan to Reduce Violence against Women and Children

The Australian Government will fund a national prevention strategy, which will encompass a sexual violence prevention strategy. An existing provider will be funded to establish a prevention hub, bringing together government, social and public health academics, economists, media experts and the community sector to coordinate, prioritise and target prevention activities to effect the most impact.

The Australian Government will fund a suite of community awareness and outreach activities to strengthen community understanding of domestic, family and sexual violence, and the availability of tools and resources available to address violence against women and their children. The campaigns will direct members of the community to appropriate supports and services. There will be a series of targeted messages and initiatives focused on the needs of vulnerable communities that are most at risk of violence or that face additional barriers to accessing necessary supports and services. Campaigns will include advertising through a wide range of mass media channels, as well as community-led localised activities.

This will include funding phase three of the national communications campaign, Stop it at the Start, and campaigns with a specific focus on sexual violence as a form of violence in its own right, including as a separate crime.

The Australian Government will fund a suite of programs to build the capability and capacity of the workforce to respond to domestic, family and sexual violence:

An existing provider will be funded to continue the DV-alert program. DV-alert provides free and nationally accredited training for health, allied health and community frontline workers to better support those affected by domestic and family violence by recognising, responding and referring them to specialist services.
A leading research and/or training body will be engaged and funded to develop and deliver a training program on sexual violence to frontline workers interacting with people and communities affected by sexual violence. Training will cover topics such as technology-facilitated sexual violence, non-consensual image-based abuse, and stalking.
The Australian Government will also contribute funding towards the development of a training module for university students in key disciplines, such as health and social work, to better recognise and respond to domestic, family and sexual violence.
A provider will also be funded through an open competitive grant process to manage a national workforce development pilot program to fast-track the upskilling of the prevention sector and contributing workforce. The program is expected to be delivered through a combination of face-to-face and online training, individual mentoring, and peer support.

The Australian Government will also fund a non-government organisation to work with universities and media peak bodies to improve the media's reporting on violence against women and their children.

The Australian Government will commit funding to support innovative proposals generated through an open competitive grant process to promote positive male role models and encourage men in their roles as fathers. An established provider will also be funded to continue the Changing for Good program, a free voluntary program providing telephone counselling sessions and psychoeducation to help men stop using violence.

Funding will also be provided to support community-led strategies to prevent violence, particularly in culturally and linguistically diverse communities, Aboriginal and Torres Strait Islander communities, people with disability, and other communities at higher risk of violence.

Table item 345 provides legislative authority for government to fund the development and publication of national standards for sexual violence responses, including victim and perpetrator programs. It will provide a nationally consistent framework for governments and community partners to use to guide, assess and report their actions to reduce sexual violence. A provider with research and sector expertise will be selected and funded to work with all jurisdictions to develop and promote the standards, including their online publication.

Human rights implications - Implementation of the Fourth Action Plan to Reduce Violence against Women and Children

Table item 345 engages the following rights:

the rights of women not to be discriminated against based on gender, especially Articles 2, 3, 5 and 16 of the CEDAW
the rights to protection against exploitation, violence and abuse located in Articles 3, 4, 19, 34 and 36 of the CROC, and Articles 4, 6, 15 and 16 of the CRPD.

Rights of women not to be discriminated against based on gender

The CEDAW provides that States Parties must ensure the effective protection of women against acts of discrimination. Article 5 of the CEDAW, in particular, requires States Parties to take appropriate measures to modify the social and cultural patterns of conduct of men and women, to eliminate prejudices based on the ideas of inferiority or superiority of either of the sexes.

Gender-based violence, including domestic and family violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.

Table item 345 promotes the elimination of discrimination against women by providing funding for a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence against women. This will enable the Government to fund projects that:

educate the community about issues related to violence against women and their children
challenge community attitudes about gender inequality, prejudice, and harmful stereotypes of men and women as key drivers of violence against women, including through media reporting
encourage respectful relationships across all cohorts and settings
promote positive male role models to encourage male perpetrators of violence to examine their behaviour and to stop further violence
provide information and advice to the community about how to respond to these issues, including directing members of the community to appropriate supports and services.

This will also allow government to set standards for responses to sexual violence at a national level and ensure that the actions of governments, community partners and related systems to reduce sexual violence and support victims of sexual violence are consistent, coordinated, and based on best practice.

This will also allow government to fund a national prevention strategy to promote women's access to equal rights and reduce violence against women. The national prevention strategy will provide a framework to direct governments and community partners' effort to change community attitudes about gender inequality and prejudice, ensure consistency in focus and reduce duplication.

Table item 345 also promotes the elimination of discrimination against women by allowing government to fund the training of frontline workers and students to support women who are victims of domestic, family and sexual violence.

Rights to protection against exploitation, violence and abuse

Table item 345 promotes the right to protection against exploitation, violence and abuse by allowing government to provide funding for a suite of programs to prevent domestic, family and sexual violence and reduce the effect of such violence against women.

This will include funding campaigns that aim to protect and promote the safety and wellbeing of vulnerable cohorts. For example, campaigns aimed at reducing sexual violence will include cohort-specific messaging and resources for young people and women with disability who are most at risk of sexual violence. The campaigns will facilitate vulnerable children and people with disability to seek appropriate support and assistance.

The national Stop it at the Start campaign, in particular, recognises that attitudes and behaviours that can lead to violence and abuse begin at a young age. The campaign aims to create generational change by encouraging adults to have respectful conversations with young people to address attitudes that condone violence and abuse. It is targeted at parents and family members of children aged 10 to 17, as well as teachers, coaches and community leaders. Greater awareness of the resources and understanding of violence and abuse will also enable adults to help children affected by these issues to seek appropriate assistance and assert their rights.

Women with disability and young people are at a greater risk of sexual violence than the general population. As such, table item 345 promotes their human rights by allowing the development and implementation of national standards for responses to sexual violence for the benefit of vulnerable people at risk of exploitation, violence and abuse. A consistent framework will support the development of effective and informed policy and system responses to reduce sexual violence and improve supports for victims of sexual violence, including women with disability and young people.

Table item 345 promotes these rights by supporting the development of a national prevention strategy to direct and coordinate efforts to protect vulnerable cohorts from exploitation, violence and abuse. For example, in recognition that young people and women with disability are at greater risk of sexual violence, the national prevention strategy on sexual violence may support targeted messaging and supports for these cohorts.

Table item 345 promotes the right to protection against exploitation, violence and abuse by allowing government to fund the training of frontline workers and students to support people with disability who are victims of domestic, family and sexual violence, and children who are affected by domestic, family and sexual violence.

Conclusion

Table item 345 is compatible with human rights because it promotes the elimination of discrimination against women and the right to protection against exploitation, violence and abuse.

Senator the Hon Mathias Cormann

Minister for Finance and the Public Service

Commonwealth Numbered Regulations - Explanatory Statements