Bills Digest no. 25,
2016–17
PDF version [647KB]
Don Arthur
Social Policy Section
17
October 2016
This Bills Digest updates an
earlier version dated 3 February 2016.
Contents
The Bills Digest at a glance
History of the Bill
Purpose
Table 1: List of measures and
previous Bills where the measure has appeared
Background
Proportional payment of pensions
outside Australia
Pensioner Education Supplement and
Education Entry Payment
Pensioner Education Supplement
Education Entry Payment
Pause indexation for three years of
income free areas
Committee consideration
Senate Community Affairs Legislation
Committee
Senate Standing Committee for the
Scrutiny of Bills
Policy position of non-government
parties/independents
Position of major interest groups
Proportional payment of pensions
outside Australia
Cease pensioner education supplement
and cease education entry payment
Pause indexation for three years of
income free areas
Financial implications
Table 2: Financial impact over the
forward estimates by measure
Statement of Compatibility with Human
Rights
Parliamentary Joint Committee on
Human Rights
Key issues and provisions
Schedule 1—Proportional payment of
pensions outside Australia
Amendments to the Social Security
Act 1991
Table 3: Amendments to the Social
Security Act 1991
Media coverage
Schedule 2—Cease pensioner education
supplement
Schedule 3— Cease Education Entry
payment
Schedule 4—Indexation
Pause indexation for three years of
income free areas
Date introduced: 1
September 2016
House: House of
Representatives
Portfolio: Social
Services
Commencement: Sections 1 to 3 and
Schedule 4 of the Bill commence on Royal Assent. Schedule 1 commences on
1 January 2017 if Royal Assent is received before that date. If Royal
Assent is received on or after 1 January 2017, Schedule 1 commences on the
first 1 January, 1 April, 1 July or 1 October after Royal Assent.
Schedules 2 and 3 commence on the first 1 January or 1 July to occur
after Royal Assent.
Links: The links to the Bill,
its Explanatory Memorandum and second reading speech can be found on the
Bill’s home page, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent,
they become Acts, which can be found at the Federal Register of Legislation
website.
All hyperlinks in this Bills Digest are correct as
at October 2016.
The Bills Digest at a glance
- The Social Services Legislation Amendment (Budget Repair) Bill
2016 reintroduces four savings measures previously included in earlier Bills.
- The Government announced the first measure, earlier proportional
payment of pensions outside Australia (Schedule 1), in the 2015 budget.
The remaining three measures, which were first announced in the 2014 budget,
are:
- cease
pensioner education supplement (Schedule 2)
- cease
education entry payment (Schedule 3) and
- pausing
indexation for three years of:
- the
income free areas for all working age allowances (other than student payments)
and for parenting payment single
- the
income free areas and other means test thresholds for student payments,
including student income bank limits (Schedule 4).
- All of the measures in the Bill are savings measures. Much of the
criticism from interest groups relates to the claim that the savings come at
the expense of people who are on low incomes.
- The measure on earlier proportional payment of pensions outside
Australia has attracted the most attention from the public. This measure
achieves savings by reducing the period of time some pensioners can receive the
full means tested rate of payment while they are overseas from 26 weeks to six
weeks.
History of the Bill
A version of this Bill was introduced into the 44th
Parliament on 2 December 2015.[1]
That Bill had passed the House of Representatives and was before the Senate
when Parliament was dissolved. The Bill lapsed on dissolution of Parliament.
Purpose
The purpose of the Social Services Legislation Amendment
(Budget Repair) Bill 2016 (the Bill) is to amend eight Acts, including the Social
Security Act 1991[2],
Social Security (Administration) Act 1999[3],
A New Tax System (Family Assistance) Act 1999[4],
Farm Household Support Act 2014[5],
Veterans’ Entitlements Act 1986[6],
and Income Tax Assessment Act 1997[7]
to re-introduce four savings measures previously introduced in earlier Bills.
The Bill contains four schedules with each schedule dealing
with a single measure (see table below).
Table 1:
List of measures and previous Bills where the measure has appeared
Background
The Government announced the first measure, earlier
proportional payment of pensions outside Australia (Schedule 1), in the 2015
budget.[21]
The remaining three measures were first announced in the 2014 budget. These
are:
- cease pensioner education supplement (Schedule 2)[22]
- cease education entry payment (Schedule 3)[23]
and
- pausing indexation for three years of:
- the
income free areas for all working age allowances (other than student payments)
and for parenting payment single and
- the
income free areas and other means test thresholds for student payments,
including student income bank limits (Schedule 4).[24]
Proportional payment of pensions outside Australia
An income support payment is ‘portable’ when a recipient can
continue to receive the payment when they are overseas. Portability varies by
payment type and the recipient’s circumstances. For most payments portability
is temporary (usually limited to six weeks). However, in most circumstances,
recipients of the Age Pension can continue to receive payment indefinitely.
This is known as unlimited portability.[25]
A limited number of recipients of Wife Pension, Widow B Pension and Disability
Support Pension also have unlimited portability.[26]
While income support recipients with unlimited portability
can continue to receive a payment indefinitely while overseas, those who have
not resided in Australia for at least 35 years (between the age of 16 and
pension age) currently receive a reduced amount after they have been overseas
for more than 26 weeks.
The reduction in payment is based on the period of time
the person has resided in Australia between the age of 16 and pension age. This
is known as their Australian Working Life Residence (AWLR). The payment rate is
calculated by dividing the AWLR by 35. For example, a person who has resided in
Australia for 10 years between 16 and age pension age will usually receive
10/35ths of the full means tested rate.[27]
This reduction in payments is known as ‘proportionality’.
Pensioner Education Supplement and Education Entry Payment
Pensioner Education Supplement
The Pensioner Education Supplement (PES) helps eligible
income support recipients meet some of the ongoing costs associated with study.
The rationale for making the payment is to improve recipients’ later employment
prospects.[28]
PES is not means tested and is non-taxable. Depending on
their study load, eligible students receive $62.40 or $31.20 per fortnight.[29]
It is available to recipients of Parenting Payment (single), Disability Support
Pension, Carer Payment, Widow B Pension, Widow Allowance, Wife Pension, and
certain other groups of income support recipients (including recipients of some
Veterans’ Affairs payments).[30]
There is a separate ABSTUDY Pensioner Education Supplement
available to Indigenous income support recipients.[31]
As the ABSTUDY Pensioner Education Supplement is not administered under the Social
Security Act 1991 it is not affected by this measure (ABSTUDY is governed
by the ABSTUDY Policy Manual).[32]
The National Commission of Audit noted that recipients of
the PES received the payment during vacation periods as well as during study
terms or semesters. The Commission recommended ‘that the Supplement only be
provided to recipients during study terms or semesters.’[33]
Education Entry Payment
The Education Entry Payment is a taxable lump sum payment of
$208 to help recipients meet the up-front costs of education and training. It
is paid once a year.[34]
The National Commission of Audit recommended that the
Education Entry Payment be abolished, partly on the grounds that it duplicated
the assistance available through the PES.[35]
Pause indexation for three years of income free areas
Indexation of income free areas was explained in the Bills
Digest for the Social Services and Other Legislation Amendment (2014 Budget
Measures No. 1) Bill 2014:
Currently, the income test free area for a single person for
most of the working age income support allowance payments is $100 per
fortnight. The free area is $200 a fortnight (combined) for partnered persons.
Once income is in excess of these free areas in a fortnight, the maximum rate
payable is reduced by 50 cents for each dollar of income over the free area.
Income over $250 in a fortnight reduces the rate by 60 cents in each dollar.
These income test free areas are indexed once a year on 1 July to increases in
the [Consumer Price Index] CPI. The working age income support allowance
payments that use this income test are Newstart Allowance, Widow Allowance,
Partner Allowance and Sickness Allowance.[36]
Since that digest was published the income free areas have
been indexed. The current income test free area is $104 per fortnight; payments
are reduced by 50 cents for each dollar between $102 and $254, and $75 plus 60
cents for each dollar over $254.[37]
Further background about the indexation of income free areas is available in
the Bills Digest for the Social Services and Other Legislation Amendment (2014
Budget Measures No. 1) Bill 2014.[38]
Committee consideration
Senate Community Affairs Legislation Committee
The previous version of this Bill, the Social Services
Legislation Amendment (Budget Repair) Bill 2015 (the 2015 Bill) was referred to
the Senate Community Affairs Legislation Committee for inquiry. The Committee
reported on 4 February 2016.
The Committee made two recommendations, that the Bill be
passed and that it be amended to include transitional arrangements for current
recipients of the Pensioner Education Supplement, to enable them to complete
their education or training course.[39]
In their dissenting report, Labor Senators rejected the
majority report’s recommendations and recommended that the Senate reject the
Bill.[40]
Australian Greens Senators also recommended that the Bill not be passed.[41]
On 15 September 2016, the Senate referred the current
version of the Bill Committee for inquiry and report. The Committee reported on
10 October 2016.[42]
In its report on the current Bill, the Committee made the
same two recommendations as it did in its report on the 2015 Bill. The
recommendations in the two dissenting reports were also the same.[43]
Senate Standing Committee for the Scrutiny of Bills
The Senate Standing Committee for the Scrutiny of Bills had
no comment on this Bill or the 2015 Bill. [44]
Policy position of non-government parties/independents
In their dissenting reports to the Senate Community Affairs
Legislation Committee, Opposition and Greens Senators recommended that the
Senate reject the Bill.
As of 14 September 2016 no public comments from independent
members or senators have been identified.
Position of major interest groups
All of the measures in the Bill are savings measures. Much
of the criticism from interest groups relates to the idea that the savings
should come at the expense of people who are on low incomes.
As these measures have all been introduced in earlier bills,
interest groups have outlined their positions in previous submissions. A number
of interest groups made submissions on this Bill.[45]
None of the interest groups making a submission on this Bill indicated support
for any of the measures.
Proportional payment of pensions outside Australia
UnitingCare Australia supported this measure when it was put
forward in the Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015 on the grounds ‘that budget expenditure should be targeted
to those most vulnerable’.[46]
However, the measure is opposed by a number of other groups
including the Federation of Ethnic Communities' Councils of Australia (FECCA),
the Australian Council of Social Service (ACOSS), the Combined Pensioners and
Superannuants Association (CPSA), COTA Australia, and the National Welfare
Rights Network (NWRN).[47]
FECCA argues that treating migrants differently to those
born in Australia is an equity issue and notes:
Nearly 40 per cent of those receiving the Age Pension were
not born in Australia. It is concerning to see tightening of portability
provisions, as they will disadvantage a significant section of the Australian
population who were born overseas and maintain important ties with their places
of birth.[48]
The Welfare Rights Centre Sydney shares the concerns of
FECCA and notes that: ‘Family issues, including bereavement and caring
responsibilities may dictate that overseas stays need to be for extended
periods of time.’[49]
The CPSA argues that: ‘Those who travel to care for friends and relatives (or
to be cared for themselves) will be particularly affected.’[50]
Cease pensioner education supplement and cease education
entry payment
These measures have been opposed by a number of major
interest groups including ACOSS, the NWRN, the Refugee Council of Australia,
and the Australian Association of Social Workers (AASW).[51]
The AASW is particularly concerned about the effect ending
the pensioner education supplement will have on recipients of the Disability
Support Pension (DSP). In their submission they report the results of a survey
that found social work students on DSP were more likely than other social work
students to regularly go without food or other necessities (55 per cent for DSP
students compared with 30 per cent for all social work students). According to
the AASW submission ‘[t]he evidence suggests that the well-targeted Pensioner
Education Supplement should be increased rather than removed.’[52]
Pause indexation for three years of income free areas
This measure has been opposed by a number of major
interest groups including ACOSS, the NWRN, the Salvation Army, and the St
Vincent de Paul Society.[53]
In its submission on the Bill, ACOSS argues that
‘[i]income free areas should not be adjusted through ad-hoc freezing of
indexation to achieve short term budget savings at the expense of reducing the
incomes of people on low wages.’[54]
The National Welfare Rights Network argues that governments need to address the
problems of adequacy and incentives in working age payments and that: ‘[t]o
propose undermining existing free areas by freezing indexation, in the face of
clear inadequacy of workforce age payments, is indefensible.’[55]
The Salvation Army argues that this measure reduces incentives to work and
‘reduces incomes solely for the purposes of budget savings ...’[56]
Financial implications
The table below shows the financial impact of the four
measures in the Bill as set out in the Explanatory Memorandum.
Table 2:
Financial impact over the forward estimates by measure
|
Measure
|
Financial impact over the forward
estimates (savings)
|
| Proportional payment of pensions outside Australia |
$168.4 million |
| Pensioner education supplement |
$252.4 million* |
| Education entry payment |
$64.4 million* |
| Indexation |
$107.4 million* |
* Financial impact refers to administered funding for affected
social security payments only and is not net of implementation funding.
Source: Explanatory
Memorandum, Social Services Legislation Amendment (Budget Repair) Bill 2016,
pp. 1–2.
Statement of Compatibility
with Human Rights
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the Bill’s
compatibility with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of that Act. The Government
considers that the Bill is compatible.[57]
Parliamentary Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights concluded
that neither the 2015 Bill nor the current Bill raised human rights concerns.[58]
Key issues and provisions
Schedule 1—Proportional payment of pensions outside
Australia
This measure was announced in the 2015–16 Budget and was
first introduced in the Social Services Legislation Amendment (Fair and
Sustainable Pensions) Bill 2015. The government removed the measure to secure
passage of that Bill through the Senate.
This measure was outlined in the Parliamentary Library’s
Budget Review 2015–16:
While most income support payments can only be paid for a
limited period of time if a recipient is overseas (known as the portability of
the payment), the Age Pension, Widow B Pension, Wife Pension and the Disability
Support Pension (in special circumstances) can continue to be paid while a
person is overseas indefinitely and even where an eligible pensioner chooses to
reside in another country. However, if a pensioner is overseas for a period
longer than 26 weeks, their payment rate may be reduced to a proportion of the
time they spent in Australia between the age of 16 years and the age pension
age. This period is known as their Australian Working Life Residence (AWLR).
Those with less than 35 years AWLR will, after 26 weeks overseas, have their
payment reduced to a rate equivalent to the proportion of 35 years their AWLR
represents. For example, a person with 16 years of AWLR will receive 46 per
cent of the rate otherwise payable if they resided in Australia. Those with 35
years or more AWLR residence will not have their payment reduced.
The Budget proposes to commence payment of the
proportionalised rate earlier—after six weeks overseas rather than 26 weeks ...
Pensioners overseas at the time of the measure’s commencement will not be
affected unless they return to Australia and make another trip overseas. The
measure follows on from an increase in the AWLR required to receive a full
pension rate from 25 years to 35 years which commenced on 1 July 2014.[59]
The measure achieves savings by reducing the period of time
some pensioners can receive the full means tested rate of payment while they
are overseas from 26 weeks to six weeks. It affects recipients of the age
pension and a limited number of recipients of Widow B Pension, Wife Pension,
and Disability Support Pension who have unlimited portability and who have
resided in Australia for less than 35 years between the age of 16 and age
pension age.
The changes would commence from 1 January 2017 if the Act
receives Royal Assent before that date. In the event that the Act receives
Royal Assent on or after 1 January 2017, the changes will commence on the first
1 January, 1 April, 1 July or 1 October after Royal Assent.
Amendments to the Social Security Act 1991
Items 1 to 4 of Schedule 1 of the Bill
apply the measure by omitting references to ‘26 weeks’ and substituting ‘6 weeks’
in sections referring to proportionality (see Table 3).[60]
Item 5 is an application provision, which provides that the amendments
only apply to periods of absence from Australia starting on or after the
Schedule commences.
Table 3:
Amendments to the Social Security Act 1991
|
Item 1: Subsection 1214(1) (note 2)
|
Payments that are portable with no time limit—a
consequential amendment is made to Note 2 to change the time period to ‘6 weeks’.
|
|
Item 2: Paragraph 1220A(a)
|
Proportionality—age pension rate.
|
|
Item 3: Paragraph 1220B(1)(a)
|
Proportionality—Disability Support Pension rate for a
severely disabled person.
|
|
Item 4: Paragraph 1221(1)(a)
|
Proportionality—wife pension and widow B pension rate for
entitled persons.
|
Media coverage
Judith Ireland reported that the Government ‘is under fire
from migrant and refugee groups, who say a plan to limit the time pensioners
can spend in another country before their pension is cut discriminates against
Australians born overseas.’[61]
Schedule 2—Cease
pensioner education supplement
Under Schedule 2 of the Bill, the Pensioner Education
Supplement will cease. Schedule 2 amends the Social Security Act 1991,
the Social Security (Administration) Act 1999, A New Tax System
(Family Assistance) Act 1999, Farm Household Support Act 2014 and Income
Tax Assessment Act 1997. Item 17 of Schedule 2 repeals
Part 2.24A of the Social Security Act 1991 which regulates the Pensioner
Education Supplement.
This Schedule is expressed to commence from the first 1
January or 1 July after the day the Act receives Royal Assent.
Schedule 3— Cease Education Entry payment
Under Schedule 3 of the Bill the Education Entry
Payment will cease. The Schedule amends the Social Security Act 1991,
the Social Security (Administration) Act 1999, Veterans’ Entitlements
Act 1986, Farm Household Support Act 2014, Income Tax Assessment Act 1936,
Income Tax Assessment Act 1997 and the Taxation Administration Act 1953.
Item 3 of Schedule 3 of the Bill repeals Part
2.13A of the Social Security Act 1991 which currently regulates the
education entry payment.
Other than the delayed commencement of the measure, there
are no differences between the amendments proposed by Schedules 2 and 3 of this
Bill and Schedules 6 and 7 of the Social Services and Other Legislation
Amendment (2014 Budget Measures No. 2) Bill 2014. According to the Bills Digest
for that earlier Bill:
Since its introduction, the [Education Entry Payment] has
been aimed at aiding people on income support to meet the one-off costs of
commencing an education course such as entry fees, transport costs and books.
The removal of the [Education Entry Payment] will make it financially harder
for recipients of an income support payment to commence study. Study has been
regarded as a desirable activity for income support recipients as it is
considered to enhance their capacity to self-support. The cancellation of the [Education
Entry Payment] will save money, but, as with the cessation of the PES, it may
also see some income support recipients ceasing their study or choosing not to
undertake study.[62]
This Schedule is expressed to commence from the first 1
January or 1 July after the day the Act receives Royal Assent.
Schedule 4—Indexation
Pause indexation for three years of income free areas
Schedule 4 of the Bill amends the Social Security Act
1991 to:
- pause the indexation of income free areas for all working age
allowances (other than student payments) and for parenting payment single and
- pause the indexation of income free areas and other means test
thresholds for student payments, including the student income bank limits.
If the Bill receives Royal Assent on or before 1 July
2017, there will be no indexation on 1 July 2017, 2018 and 2019 and will
recommence on 1 July 2020. If the Bill receives Royal Assent after 1 July 2017
indexation will not recommence until 1 July 2021.[63]
This measure was previously introduced as part of the
Social Services Legislation Amendment (Youth Employment and Other Measures)
Bill 2015.[64]
As the Bills Digest for that Bill explained:
These means test levels are usually adjusted once a year (on
either 1 January or 1 July) in line with movements in the CPI. Pausing
indexation (that is, not adjusting the amounts) is a simple way of finding
budget savings without directly cutting benefits or limiting eligibility. The
threshold amounts will decline in real value over time and savings arise as
payment rates are reduced as recipients’ income and assets gradually increase
beyond the relevant thresholds.[65]
[1]. Parliament
of Australia, ‘Social
Services Legislation Amendment (Budget Repair) Bill 2015 homepage’,
Australian Parliament website.
[2]. Social Security Act 1991.
[3]. Social Security
(Administration) Act 1999.
[4]. A New Tax System (Family
Assistance) Act 1999.
[5]. Farm Household Support
Act 2014.
[6]. Veterans’ Entitlements
Act 1986.
[7]. Income Tax Assessment
Act 1997.
[8]. Parliament
of Australia, ‘Social
Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015
homepage’, Australian Parliament website.
[9]. The
Social Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015
passed both Houses on 22 June 2015 and received Royal Assent on 30 June
2015—see Social
Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015.
[10]. Parliament
of Australia, ‘Social
Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014
homepage’, Australian Parliament website.
[11]. Parliament
of Australia, Final
Senate Bills List for 2014, 15 December 2014.
[12]. Parliament
of Australia, ‘Social
Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014
homepage’, Australian Parliament website.
[13]. Parliament
of Australia, ‘Social
Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015
homepage’, Australian Parliament website.
[14]. Parliament
of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget
Measures No. 2) Bill 2014 homepage’, op. cit.
[15]. Parliament
of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget
Measures No. 4) Bill 2014 homepage’, op. cit.
[16]. Parliament
of Australia, ‘Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015 homepage’, op. cit.
[17]. Parliament
of Australia, ‘Social
Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 homepage’, Australian Parliament website.
[18]. Parliament
of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget
Measures No. 2) Bill 2014 homepage’, op. cit.
[19]. Parliament
of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget
Measures No. 4) Bill 2014 homepage’, op. cit.
[20]. Parliament
of Australia, ‘Social
Services Legislation Amendment (Youth Employment and Other Measures) Bill 2015
homepage’, Australian Parliament website.
[21]. Australian
Government, Budget
measures: budget paper no. 2 2015–16, p. 150.
[22]. Australian
Government, Budget
measures: budget paper no. 2 2014–15, p. 206.
[23]. Ibid.,
p. 197.
[24]. Department
of Human Services (DHS), ‘Maintain
eligibility thresholds for Australian Government payments for three years’,
DHS website, last updated 16 March 2016.
[25]. Department
of Social Services (DSS), ‘Portability
of Australian income support payments’, DSS website, last updated 26 June
2015.
[26]. For
details on the application of portability rules see: DSS, ‘7.1.2.20
Application of Portability Rules (Portability Table)’, Guide to social
security law, version 1.2226, released 4 October 2016, DSS website.
[27]. DHS,
‘Age
pension while travelling outside Australia’, DHS website, last updated 4
August 2016.
[28]. DSS,
‘1.2.7.30
Pensioner Education Supplement (PES) – Description’, Guide to social
security law, 4 January 2016.
[29]. Ibid.
[30]. DSS,
‘Pensioner
Education Supplement’, DSS website, last updated 7 November 2014.
[31]. DSS,
‘ABSTUDY policy manual’,
DSS website, last updated 30 June 2016, pp. 237–240.
[32]. Ibid.
[33]. National
Commission of Audit, Towards
responsible government, ‘Phase two’, National Commission of Audit,
Canberra, March 2014, pp. 107–108.
[34]. DSS,
‘1.2.7.60
Education Entry Payment (EdEP) – Description’, Guide to social security
law, version 1.218, released 4 January 2016, DSS website, last updated 2
January 2016.
[35]. National
Commission of Audit, Towards responsible government, op. cit., p. 107.
[36]. P
Yeend and L Buckmaster, Social
Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014,
Bills digest, 14, 2014–15, Parliamentary Library, Canberra, p. 12.
[37]. DHS,
‘Income
test for Newstart Allowance, Partner Allowance, Sickness Allowance and Widow
Allowance’, DHS website, last updated 27 September 2016.
[38]. Yeend
and Buckmaster, Social Services and Other Legislation Amendment (2014 Budget
Measures No. 1) Bill 2014, op. cit., p. 12.
[39]. Senate
Standing Committees on Community Affairs, Social
Services Legislation Amendment (Budget Repair) Bill 2015 [provisions],
The Senate, Canberra, 4 February 2016, p. vii.
[40]. Labor
Senators, Dissenting
report, Senate Standing Committees on Community Affairs, Social Services
Legislation Amendment (Budget Repair) Bill 2015 [provisions], The Senate,
Canberra, 4 February 2016, p. 20.
[41]. Australian
Greens, Dissenting
report, Senate Standing Committees on Community Affairs, Social Services
Legislation Amendment (Budget Repair) Bill 2015 [provisions], The Senate,
Canberra, 4 February 2016, p. 24.
[42]. Senate
Standing Committees on Community Affairs, Social
Services Legislation Amendment (Budget Repair) Bill 2016 [Provisions],
The Senate, Canberra, 10 October 2016.
[43]. Australian
Greens and Labor Senators, Dissenting
reports, Senate Standing Committees on Community Affairs, Social
Services Legislation Amendment (Budget Repair) Bill 2016 [Provisions], The
Senate, Canberra, 10 October 2016.
[44]. Senate
Standing Committee for the Scrutiny of Bills, Alert
digest, 1, 2016, The Senate, 3 February 2016, p. 35; Senate Standing
Committee for the Scrutiny of Bills, Alert
digest, 6, 2016, The Senate, 14 September 2016, p. 31.
[45]. Submissions
to Senate Standing Committees on Community Affairs, Inquiry into the Social
Services Legislation Amendment (Budget Repair) Bill 2016, September 2016.
[46]. UnitingCare
Australia, Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the Social
Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015, 11
June 2015, pp. 1–2.
[47]. Federation
of Ethnic Communities’ Councils of Australia (FECCA), Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, 14 January
2016; Australian Council of Social Service (ACOSS), Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, 18 January
2016; Combined Pensioners and Superannuants Association of NSW Inc (CPSA), Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015,
January 2016; COTA, Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015,
15 June 2015, pp. 6–7; National Welfare Rights Network (NWRN), Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, 15 January
2016.
[48]. FECCA,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit., p. 1.
[49]. Welfare
Rights Centre Sydney, Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, 15 January
2016, pp. 2–3.
[50]. CPSA,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit., p. 3.
[51]. ACOSS,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit.; NWRN, Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit.; Refugee Council of Australia, Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, January
2016; Australian Association of Social Workers (AASW), Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, January
2016.
[52]. AASW,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit., p. 4.
[53]. ACOSS,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015,
op. cit.; NWRN, Submission to the Senate Standing Committees on Community
Affairs, Inquiry into the Social Services Legislation Amendment (Budget
Repair) Bill 2015, op. cit.; The Salvation Army Australia, Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, 18 January
2016; St Vincent de Paul Society National Council, Submission
to the Senate Standing Committees on Community Affairs, Inquiry into the
Social Services Legislation Amendment (Budget Repair) Bill 2015, 18
January 2016.
[54]. ACOSS,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit., p. 2.
[55]. NWRN,
Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit., p. 5.
[56]. Salvation
Army, Submission to the Senate Standing Committees on Community Affairs, Inquiry
into the Social Services Legislation Amendment (Budget Repair) Bill 2015, op.
cit., p. 3.
[57]. The
Statement of Compatibility with Human Rights can be found after page 15 of the
Explanatory Memorandum to the Bill.
[58]. Parliamentary
Joint Committee on Human Rights (PJCHR), Thirty-third
report of the 44th Parliament, 2 February 2016, p. 2. PJCHR, Report,
7, 2016, The Senate, Canberra, 11 October 2016, p. 99.
[59]. M
Klapdor, ‘Pensions’,
Budget review 2015–16, Parliament of Australia, Canberra, May 2015, p.
143–45.
[60]. Social Security Act 1991.
[61]. J
Ireland, ‘Travel
link to pension "discriminatory"’, The Age, 25 January
2016, p. 4.
[62]. C
Ey, M Klapdor, M Thomas and P Yeend, Social
Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014,
Bills digest, 16, 2014–15, Parliamentary Library, Canberra, 21 August 2014, p.32.
[63]. Proposed
subsection 1192(5AAA) makes changes to the indexation of the pension free area.
Proposed subsection 1192(5AAB) makes changes to income test free areas and
means test limits for student payments. Item 24 of the table at 1191(1),which
proposed subsection 1192(5AAB) refers to, was repealed with effect from 1
January 2016 by item 18 of Schedule 1 to the Social Services
Legislation Amendment (More Generous Means Testing for Youth Payments) Act 2015.
[64]. The
last time it was introduced was in the Social Services Legislation Amendment
(Budget Repair) Bill 2015.
[65]. M
Klapdor and M Thomas, Social
Services Legislation Amendment (Youth Employment and Other Measures) Bill 2015,
Bills digest, 120, 2014–15, Parliamentary Library, Canberra, 15 June 2015, p.
15.
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