Details of the Financial Framework (Supplementary Powers) Amendment (Communications and the Arts Measures No. 3) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Communications and the Arts Measures No. 3) 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 a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the Department of Communications and the Arts (the department).

 

New table item 350 provides legislative authority for the Government to continue the operation of the Prime Minister's Literary Awards (the Literary Awards) and the Prize for Australian History (the History Prize).  

 

The Literary Awards and the History Prize were previously two separate items administered by the then Department of the Environment, Water, Heritage and the Arts and the then Department of Education, Science and Training. Legislative authority through an amendment to the Schedule 1AB of the Principal Regulations is required for the Literary Awards and the History Prize to be administered together by the Department of Communications and the Arts.

 

The Literary Awards and the History Prize celebrate the contribution of Australian literature and history to the nation's cultural and intellectual life. The Literary Awards have been supporting a national appreciation of Australian literature since 2008. The History Prize has provided recognition of outstanding work that contributes significantly to an understanding of Australian history since 2007.

 

Entries to the Literary Awards and the History Prize are sought through an open competitive process seeking books and works produced in the previous calendar year. Entries for the Literary Awards are sought for works of high literary merit, and scholarly accomplishment in the case of the History Prize.

 

Entries must have been made available for general sale, broadcast or distribution in Australia, and published or produced in the English language. Where applicable, they must have an International Standard Book Number, and be deposited in the National Library of Australia. Entrants are required to be Australian citizens or permanent residents, and the work must be from the named author/s or creator/s.

 

The Literary Awards and the History Prize are opened annually through a joint media release from the Prime Minister and the Minister for Communications, Cyber Safety and the Arts.

A shortlist of works is made following receipt of recommendations from the expert judging panels with the winners announced at a ceremony.

 

Total funding of $600,000 will be provided for winning and shortlisted books. This will include $100,000 for the History Prize and each of the five categories in the Literary Awards: fiction, non-fiction, young adult literature, children's literature and poetry and comprised of $80,000 for the winning entry, and $5,000 each for a maximum of four shortlisted entries.

 

Ongoing funding for the Literary Awards and the History Prize is from the Department of Communications and the Arts Budget Statements, Outcome 2, Program 2.1: Arts and Cultural Development. Funding of $2.6 million over four years from 2018-19 is part of Outcome 2 as set out in the Portfolio Budget Statement 2019-20, Budget Related Paper No. 1.3, Communications and the Arts Portfolio, page 16.

 

Funding is delivered through a grant award process in accordance with the Literary Awards and the History Prize guidelines (the Guidelines), which are developed in line with the Commonwealth Grants Rules and Guidelines 2017 (CGRGs) and whole-of-government process. Applicants apply against eligibility and assessment criteria as outlined in the Guidelines.

 

The Prime Minister is the decision-maker for the Literary Awards and the History Prize recipients. The Prime Minister is supported by independent expert assessors from the literature and academic sectors who assess the entries on their own merits against the assessment criteria and in accordance with the Guidelines, and make recommendations to the Minister for Communications, Cyber Safety and the Arts and the Prime Minister on the shortlist and winners. All relevant approvals are subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act). Funding decisions are made objectively, and in accordance with the assessment process set out in the Guidelines and applicable legislative requirements under the PGPA Act.

 

The Guidelines, which include eligibility and assessment criteria for the Literary Awards and the History Prize, and information on funding decisions, are publically available in accordance with the CGRGs. Guidelines and information on awards grants are available on GrantConnect.

 

Decisions to make awards of prize money under the Literary Awards and the History Prize are not considered appropriate for independent merits review. The Prime Minister's decisions under the Literary Awards and the History Prize involve the allocation of finite resources. With only a very limited amount of available funds for the prize pool each year and a much higher volume of applications received, only a very small proportion of the total applications can be funded. A reviewed decision made in relation to one application would also affect decisions in relation to all others.

 

In order to address accountability issues related to the exclusion of a merits review, the application and assessment processes put in place for the Literary Awards and the History Prize emphasise accountability for the allocative decision. This includes ensuring that the eligibility and application process are certain and fair, and the criteria for awarding the prize moneys is clear.

 

An applicant who is dissatisfied about the handling of their Literary Award or History Prize application by the department can lodge a complaint to the Program Manager for consideration. Persons who are otherwise affected by decisions or who have complaints about the Literary Awards or History Prize also have recourse to the department, in accordance with the department's Client Service Charter, and such complaints would be investigated under the department's complaints policy and procedures.

 

Information on the Charter and the handling of complaints is available at: www.communications.gov.au/who-we-are/department/client-service-charter. If the person is not satisfied with the outcome of the department's assessment or investigation of their complaint, the person will be able to contact the Commonwealth Ombudsman as a final recourse.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the Commonwealth executive power and the express incidental power, including the nationhood aspect (sections 61 and 51(xxxix)).

 

Express incidental power and the executive power, including the nationhood aspect

 

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 are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

The Literary Awards and the History Prize are of national significance in their recognition of excellence in Australian arts and culture, in the field of literature and history. The Literary Awards and the History Prize provide funding for Australian works of literature and history in six categories, and are designed to celebrate the contribution of Australian literature and history to the nation's cultural and intellectual life.

 

 

 

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 (Communications and the Arts Measures No. 3) 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 (Communications and the Arts Measures No. 3) Regulations 2019 amend Schedule 1AB to the FF(SP) Regulations to add one new table item 350 to Part 4 of that schedule. The new table item provides legislative authority for the Government to continue the operation of the Prime Minister's Literary Awards (the Literary Awards) and the Prize for Australian History (the History Prize).  

 

The Literary Awards and the History Prize were previously two separate items administered by the then Department of the Environment, Water, Heritage and the Arts and the then Department of Education, Science and Training. Legislative authority through an amendment to the Schedule 1AB of the Principal Regulations is required for the Literary Awards and the History Prize to be administered together by the Department of Communications and the Arts.

 

The Literary Awards and the History Prize celebrate the contribution of Australian literature and history to the nation's cultural and intellectual life by providing acknowledgement and promotion of the best works produced each year.

 

Entries to the Literary Awards and the History Prize are sought through an open competitive process seeking books and works produced in the previous calendar year. Entries for the Literary Awards are sought for works of high literary merit, and scholarly accomplishment in the case of the History Prize.

 

Entries must have been made available for general sale, broadcast or distribution in Australia, and published or produced in the English language. Where applicable, they must have an International Standard Book Number, and be deposited in the National Library of Australia.  Entrants are required to be Australian citizens or permanent residents, and the work must be from the named author/s or creator/s.

Total funding of $600,000 will be provided for winning and shortlisted books. This will include $100,000 for the History Prize and each of the five categories in the Literary Awards: fiction, non-fiction, young adult literature, children's literature and poetry and comprised of $80,000 for the winning entry, and $5,000 each for a maximum of four shortlisted entries.

 

The Minister for Communications, Cyber Safety and the Arts has responsibility for the Literary Awards and History Prize. 

 

Human rights implications

This instrument engages the following human right:

*         the right of all persons to take part in cultural life in Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

Article 15(1)(a) of the ICESCR requires State Parties to protect the right of all persons to take part in cultural life.

 

The instrument recognises literature and historical works as valuable contributors to cultural life by promoting access to Australian literature and the telling of Australian stories though the voices of Australian authors, illustrators, creators and historians.

 

The History Prize recognises work that contributes significantly to an increased understanding of Australian history. The Literary Awards support participation in cultural life and encourage the development of diversity in Australian literature. They support the right to participate in cultural life through the production of works of literature and through scholarly historical research. The promotion of these works also contributes to broader public awareness and access to the material including though public and educational libraries. The Prime Minister is provided recommendations on the Literary Awards and the History Prize entries from a panel of expert judges. These judges are selected to ensure representation across cultural and gender diversity and the literature and academic sectors.

 

The instrument further protects the right to literary or artistic production through providing appropriate recognition and financial reward for culturally valued material.

 

Conclusion

 

This instrument is compatible with human rights as it engages and promotes human rights.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance