{"id":"F2019L00115","name":"Industry Research and Development (Promote Mental Health for Small Business Operators Program) Instrument 2019","slug":"industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439920,"registerId":"F2019L00115-fast-fetch-1775955756802","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Promote Mental Health for Small Business Operators Program) Instrument 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Promote Mental Health for Small Business Operators Program) Instrument 2019\n\nI, Michaelia Cash, Minister for Small and Family Business, Skills and Vocational Education, make the following Instrument.\n\nDated 5 February 2019\n\nMichaelia Cash\n\nMinister for Small and Family Business, Skills and Vocational Education\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Prescribed program\n\n6 Specified legislative power\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Promote Mental Health for Small Business Operators Program) Instrument 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 12 February 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 33 of the Industry Research and Development Act 1986.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Industry Research and Development Act 1986.\n\nprogram means the Promote Mental Health for Small Business Operators Program.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the program is prescribed.\n\n (2) The purpose of the program is to improve awareness of, and practical responses to, mental health issues experienced by, or that may be experienced by, operators of Australian small businesses, including by:\n\n (a) funding promotional activities with a particular focus on:\n\n (i) reaching out to people who are closest to small business operators, such as their families and trusted advisors; and\n\n (ii) promoting new and existing mental health resources; and\n\n (iii) promoting, and raising awareness of, mental health initiatives targeted at small business operators; and\n\n (b) providing support, by a trial program, for small business operators to access evidence‑based prevention and treatment interventions aimed at reducing the onset and impact of mental ill‑health.\n\n6  Specified legislative power\n\n  For the purposes of subsection 33(3) of the Act, the power of the Parliament to make laws with respect to external affairs (within the meaning of paragraph 51(xxix) of the Constitution) is specified.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument operates within the Act’s existing power under s33 by prescribing a specific program and stating its purpose and constitutional basis (s5–s6). It does not amend the Act or expand legislative coverage beyond establishing that program, but it defers substantive implementation (funding, eligibility, delivery) to later administrative measures."},"complexity_factors":["Short, single-purpose instrument with straightforward structure — low syntactic complexity.","Cross-references to the Industry Research and Development Act 1986 and to subsection 33(1)/(3) (see s3, s5) require reading the parent Act to understand legal effects.","Operational terms are not defined in detail here (e.g. \"small business operators\", \"evidence‑based\", \"trial program\") — increases implementation ambiguity (s4, s5(2)(b)).","Specifies constitutional power relied on (external affairs, s6) — relevant for legal interpretation but does not add operational detail.","No funding, eligibility, administrative or compliance procedures are set out; administrative instruments or agencies must supply those details, creating follow-on regulatory and administrative steps.","Formal commencement mechanism via clause 2 is procedural; practical effect depends on subsequent policy and funding decisions."],"plain_english_summary":"This instrument, made under the Industry Research and Development Act 1986, formally prescribes the \"Promote Mental Health for Small Business Operators Program\" to fund promotional activities and a trial providing evidence‑based prevention and treatment for Australian small business operators. It establishes legal authority for the program (s5) and records reliance on the external affairs power (s6), but does not set funding, eligibility or delivery rules, leaving those implementation details to later administrative action."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose. It establishes a single, discrete program with clearly defined objectives around mental health awareness and support for small business operators. There is no evidence of scope creep — the instrument does not expand beyond the mental health program mandate into broader industrial or research and development matters."},"complexity_factors":["Very short instrument: only 6 sections spanning approximately 2 pages","Minimal defined terms: only 2 definitions ('Act' and 'program')","No cross-references to other legislation beyond the parent Act and Constitution","Simple structure: name, commencement, authority, definitions, single substantive provision (prescribing the program), and constitutional basis","No conditional logic, exceptions, or nested provisions","Straightforward purposive provision in section 5(2) with non-technical descriptive language"],"plain_english_summary":"The instrument establishes the Promote Mental Health for Small Business Operators Program to fund awareness campaigns (targeting families and trusted advisors as well as owners), promote mental‑health resources and new initiatives for small business people, and run a trial giving operators access to preventive and treatment services. It affects small business operators across Australia, their families/advisors, and service providers. Made under the Industry Research and Development Act and relying on the Constitution’s external affairs power, it tests targeted supports for a high‑risk group."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum","history":"/api/acts/industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum/history","analysis":"/api/acts/industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum/analysis","conflicts":"/api/acts/industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum/conflicts","importantCases":"/api/acts/industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum/important-cases","documents":"/api/acts/industry-research-and-development-promote-mental-health-for-small-business-operators-program-instrum/documents"}}