Details of the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulations 2021

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Veterans' Affairs Measures No. 1) Regulations 2021.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the instrument is 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

 

Financial Framework (Supplementary Powers) Regulations 1997

 

Item 1 - In the appropriate position in Part 3 of Schedule 1AB (table)

 

This item adds a new table item to Part 3 of Schedule 1AB to establish legislative authority for government spending on an activity that will be administered by the Department of Veterans' Affairs (the department).

 

New table item 50 establishes legislative authority for the Government to provide a grant to The Royal Australian and New Zealand College of Psychiatrists (RANZCP) to deliver the Military and Veterans' Psychiatry Training Program (the training program). The objective of the training program is to strengthen the psychiatry workforce capability and improve access to psychiatrists with specialised training in military and veteran mental health.

 

The training program aligns with the Veteran Mental Health and Wellbeing Strategy and National Action Plan 2020-2023 (National Action Plan), and will contribute to facilitating high quality, evidence based, accessible and tailored health care that responds to the unique nature of military service and its impacts on veterans. The National Action Plan is available at https://www.dva.gov.au/documents-and-publications/veteran-mental-health-and-wellbeing-strategy-and-national-action-plan.

 

The training program will be delivered by the RANZCP, the specialist medical college responsible for training, educating and representing psychiatrists in Australia and New Zealand. The RANZCP is responsible for accrediting training programs and posts in psychiatry, to ensure they provide quality training experiences that facilitate the training of safe and competent psychiatrists, and professional development programs.

 

The RANZCP is currently delivering the Military and Veterans' Psychiatry Training Pilot (MVP Pilot), which has established five training posts for psychiatric registrars in a range of military and veteran mental health settings (a psychiatric registrar is a medical professional undertaking training to become a psychiatrist). The MVP Pilot is expected to finish in
mid-2021.

 

The training program will establish and fund 10 training posts for psychiatric registrars in health settings treating military personnel and veterans.

 

The RANZCP will select training posts taking into account the support provided to veterans, engagement in the department's mental health programs, locations with a high defence or veteran presence, or locations with a workforce shortage. The RANZCP will ensure the posts meet the program requirements and provide registrars with knowledge and skills in treating military and veteran mental health. Registrars will undertake a six-month rotation in the posts.

 

The department will invite the RANZCP to apply for funding by way of a one-off, non-competitive, ad hoc grant process. The grant will be administered by the Department of Social Services' Community Grants Hub.

 

The governance of the arrangement will be consistent with the Commonwealth Grants Rules and Guidelines 2017, the Public Governance, Performance and Accountability Act 2013, and the APS Code of Conduct. Final spending decisions will be made by the Secretary of the department or an authorised delegate.

 

The administration of the grant, such as grant documentation, funding agreements, making of payments and reporting requirements, will be consistent with the Australian Government grants policy framework. Consistent with mandatory reporting requirements, the award of the grant will be reported on GrantConnect (www.grants.gov.au) within 21 days of the grant agreement taking effect. Information about this initiative will be available on the departmental website (www.dva.gov.au).

 

The decision to provide funds to the RANZCP once made, will be final and not subject to merits review. This is because the training program concerns the allocation of a finite resource to fund the only organisation authorised to provide the proposed training. The provision of a non-competitive grant is justified on the basis that the RANZCP is the only organisation accredited by the Australian Medical Council to deliver specialist medical education and training program for the psychiatry profession.

 

The proposal is consistent with the Government's approach of engaging mainstream organisations to deliver its mental health reforms. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.16 to 4.19 of the guide, What decisions should be subject to merit review?).

 

The audit process undertaken by the Australian National Audit Office also provides a mechanism to review government spending decisions and report any concerns to the Parliament. Judicial review may also be available under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution.

 

During the development of the training program, the department consulted with the RANZCP, relevant departmental stakeholders, as well as the Department of Health and the Department of Defence (Joint Health Command). The purpose of the consultation was to ensure robust program design and administration to meet the stated objectives of the training program to facilitate greater understanding of military and veteran mental health.

 

The department has undertaken consultation with the veteran community through its National Consultation Framework and the Ex-service Organisation Round Table on the broader context of the National Action Plan and veteran mental health.

 

Funding of $5.5 million was included in the 2020-21 Budget under the measure 'Mental Health Support for Veterans and Their Families' for a period of four years commencing in 2020-21. Details are set out in Budget 2020-21, Budget Measures, Budget Paper No. 2 2020-21 at page 168.

 

Funding for the training program will come from Program 2.1: General Medical Consultations and Services, which is part of outcome 2. Details are set out in the Portfolio Budget Statements 2020-21, Budget Related Paper No. 1.3B, Defence Portfolio (Department of Veterans' Affairs) at pages 23 and 41.

 

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

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

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

 

Defence power

 

Section 51(vi) of the Constitution empowers the Parliament to make laws with respect to 'the naval and military defence' of the Commonwealth and States, and the control of the forces to execute and maintain the laws of the Commonwealth.

 

The specialised training provided to the trainee psychiatrists will enhance the ability of the trainees to deliver targeted and effective psychiatric services to veterans and military personnel.

 

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 'benefits to students'.

 

This measure provides funding for specialised training in military and veteran mental health for trainee psychiatrists on an annual basis over a four-year period from 2020-21.

 

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 (Veterans' Affairs
Measures No. 1) Regulations 2021

 

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 Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by 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 (Veterans' Affairs
Measures No. 1) Regulations 2021 amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the Government to provide a grant to The Royal Australian and New Zealand College of Psychiatrists (RANZCP) to deliver the Military and Veterans' Psychiatry Training Program (the training program). The objective of the training program is to strengthen the psychiatry workforce capability and improve access to psychiatrists with specialised training in military and veteran mental health.

 

The training program aligns with the Veteran Mental Health and Wellbeing Strategy and National Action Plan 2020-2023, and will contribute to facilitating high quality, evidence based, accessible and tailored health care that responds to the unique nature of military service and its impacts on veterans.

 

The RANZCP is the specialist medical college responsible for training, educating and representing psychiatrists in Australia and New Zealand. It is the only organisation accredited by the Australian Medical Council to deliver specialist medical education and training for the psychiatry profession.

 

The training program will establish and fund 10 training posts for psychiatric registrars in health settings treating military personnel and veterans, and provide participating psychiatric registrars with an enhanced understanding of military and veteran mental health (a psychiatric registrar is a medical professional undertaking training to become a psychiatrist).

Human rights implications

 

This disallowable legislative instrument engages the following right:

•  the right of everyone to the enjoyment of the highest attainable standard of physical and mental health - Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.

 

Right of everyone to the enjoyment of the highest attainable standard of physical and mental health

 

Article 12(2)(d) of the ICESCR requires the States Parties to take steps to realise the right to health to '[create] ... conditions which would assure to all medical service and medical attention in the event of sickness'. Pursuant to Article 2(1), each State Party to the ICESCR is required to 'take steps ... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognised in this present Covenant by all appropriate means ... '.

 

Funding will be provided to ensure specialist training to deliver psychiatric services specific to the unique needs of veterans and military personnel.

 

Conclusion

 

This disallowable legislative instrument is compatible with human rights because it promotes the rights of veterans and military personnel to the enjoyment of the highest attainable standard of physical and mental health.

 

 

 

 

 

Senator the Hon Simon Birmingham

Minister for Finance