Bills Digest no. 93 2015–16
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WARNING: This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
James Haughton
Social Policy Section
29 February 2016
Contents
The
Bills Digest at a glance
Purpose of the Bill
Structure of the Bill
Background
Committee consideration
Policy position of non-government parties/independents
Position of major interest groups
Financial implications
Statement of Compatibility with Human Rights
Key issues and provisions
Date introduced: 2
December 2015
House: Senate
Portfolio: Indigenous
Affairs
Commencement: Sections
1–3 on Royal Assent; Schedule 1, Part 1 and Schedule 2, Part 1 on the day after
Royal Assent. There are two contingent commencements: Schedule 1, Part 2
commences immediately after the commencement of item 1 of Schedule 1 to the Social
Security Legislation Amendment (Further Strengthening Job Seeker Compliance)
Act 2015; Schedule 2, Part 2 commences immediately before the commencement
of Schedule 1 to the Social Services Legislation Amendment (Youth
Employment) Act 2015. If either contingent condition is not satisfied the relevant
provision does not commence.
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 ComLaw
website.
The Bill is a significant shift in
Coalition policy on employment and welfare policy in remote areas with
predominantly Indigenous populations, creating more local administrative
flexibility, opportunities for intermittent part-time and casual employment,
and recognising that remote employment markets may not create sufficient
full-time work and so transitions between employment and welfare may be
frequent.[1]
The proposed amendments raise the income threshold at which social security
payments are reduced, and create opportunities for ‘work-like’ behaviour doing
community work, as opposed to welfare dependency. It is justified with
reference to the ‘positive elements’ of the former Community Development
Employment Projects program (CDEP),[2]
a program which was strongly opposed and largely dismantled by the former
Howard Government in favour of bringing remote and Aboriginal social security
recipients under the regular social security payment system.[3]
This process was slowed, but continued by the Rudd and Gillard Governments under
the Remote Jobs and Communities Program (RJCP),[4]
which is being converted to the current Government’s Community Development
Program (CDP).
It should be noted that, while they share a title, the
Community Development Program exists independently of the current Bill. The
Department of the Prime Minister and Cabinet explains that the CDP commenced on
1 July 2015 and:
... is delivered in 60 regions and more than
1,000 communities. These regions, dispersed across 75 per cent of Australia’s
land mass, are characterised by weak labour markets which make it difficult to
find work or gain work experience and skills.[5]
The Explanatory Memorandum and second reading speech give
support to:
- making
payments weekly
- a
simplified and more rapidly responding compliance framework capable of levying
proportionate penalties for the number of hours of Work for the Dole work not
attended
- social
security payments being made by local CDP providers
- provisions
for cultural business and illness
- community
willingness to participate (to be ascertained through ‘extensive community
consultation’)[6]
and
- a
new community investment fund which will reinvest payments withheld due to
non-participation penalties.
However, very few of the policy changes proposed in the
second reading speech or the Explanatory Memorandum are contained in the Bill,
apart from changes to the income threshold and allowing CDP providers to manage
social security payments. Instead, the Bill grants the Minister a wide ranging
power to use disallowable regulatory instruments to change social security administration
in designated remote areas.
This has given rise to concerns that Parliamentary
oversight of social security administration in remote areas will be weakened,[7]
protections currently applying to social security recipients providing for
review of decisions before penalties are imposed may be weakened or removed,[8]
and remote income support recipients’ privacy may be endangered, as their
personal information and payments will be administered by local Community
Development Program Providers, who may know them personally, rather than the
Department of Human Services.[9]
Some CDP Providers have expressed similar concerns, adding that their staff may
be endangered or placed in culturally untenable positions if they are in the
position of deciding on welfare payments for their relatives and community
members and that they are ill-equipped to deal with the added administrative
burden.[10]
Some of the policies proposed in the second reading
speech, Explanatory Memorandum and other statements by Minister Scullion or the
then Assistant Minister to the Prime Minister, Alan Tudge, have been criticised
by the Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick
Gooda, as being potentially indirectly discriminatory. This is because the
proposed schemes impose more strenuous Work for the Dole requirements on a
predominantly Indigenous population.[11]
Lisa Fowkes of the Centre for Aboriginal Economic Policy and Research (CAEPR) criticises
the policy as potentially leading to lower incomes and harsher penalties for
recipients, even given the higher income thresholds.[12]
There is an argument that social security requirements and
administration need to be tailored to the particular circumstances of each
region if better outcomes are to be obtained.[13]
However, there are questions as to whether the Bill is in line with its stated
intentions. The Bill may benefit from amendments bringing its legislative
effect in line with the policy statements from the government. CDP providers[14]
and subject matter experts[15]
have pointed to ‘reform fatigue’ caused by the frequent changes in remote
employment schemes over the last few years (see Background discussion below)
and called for extensive community consultation requirements, both before the
Bill is passed and to be incorporated into the Bill. Amendments requiring, for
example, that the community consultation and consent called for in the Explanatory
Memorandum take place, as suggested by some CDP providers,[16]
or bringing work requirements more into line with those in non-remote areas so
as to avoid concerns about indirect discrimination,[17]
would set minimum standards for a remote income support region scheme without
significantly diminishing policy flexibility.
The purpose of the Social Security Legislation
Amendment (Community Development Program) Bill 2015 (the Bill) is to amend
the Social Security Act 1991 (the Act), and the Social Security
(Administration) Act 1999, to create greater incentives for activity-tested
income support recipients in remote communities within selected regions to engage
with activity requirements and find and remain in paid work. Approximately 84
per cent of the 37,000 current Newstart recipients in Community Development
Program (CDP) areas are Aborigines and/or Torres Strait Islanders.[18]
- This
Bill is divided into two Schedules, each of which has two Parts.
- The
main amendments to the Act and to the Social Security (Administration) Act
1999 which aim to achieve the Bill’s purpose are in Schedule 1, part 1.
- Schedule
1, part 2 is a contingent Amendment ensuring harmony between the Bill and the Social
Security Legislation Amendment (Further Strengthening Job Seeker Compliance)
Act 2015, in the event that that Act commences.
- Schedule
2, part 1 repeals a number of clauses of the Act and the Social Security
(Administration) Act 1999 related to the Northern Territory CDEP Transition
Payment and the CDEP Scheme, which are now spent.
- Schedule
2, part 2 is a contingent Amendment ensuring harmony between the Bill and the Social
Security Legislation Amendment (Youth Employment) Act 2015, in the event
that that Act commences.
The Bill is shaped by the recent history of Aboriginal
social security, employment and welfare programs since the winding down of the
CDEP, which began in 2004 with the program’s transfer to the former Department
of Employment and Workplace Relations (DEWR) from the former Aboriginal and
Torres Strait Islander Commission (ATSIC). The Bill’s second reading speech
explicitly refers to ‘positive features’ of the former CDEP.[19]
Summary of CDEP
A detailed history of the CDEP is outside the scope of
this Digest, but a short summary will highlight the issues involved. The CDEP
began in a few remote Aboriginal communities in 1977, administered by the then
Fraser Government’s Department of Aboriginal Affairs. At the program’s peak in
2002–03, it employed some 35,200 Indigenous people (approximately 25 per cent
of all Indigenous employment) in 272 communities, both remote and non-remote,
with a total budget of $484.4 million.[20]
However, by this period, concerns were being expressed that, despite a focus on
training and employment outcomes, CDEP employment was not leading to non-CDEP
employment or employable skills for participants, and work requirements were
not being enforced.[21]
This triggered a still ongoing debate over whether the CDEP was diverting
participants from seeking mainstream employment (a position associated with the
late Helen Hughes, Noel Pearson, the Centre for Independent Studies and the
Howard Government), or whether it represented the only realistic option for
employment in remote Aboriginal communities with limited labour markets (a
position associated with Jon Altman and some other scholars at the Australian
National University’s Centre for Aboriginal Economic Policy Research (CAEPR)).[22]
After the CDEP’s transfer to the then Department of
Employment and Workplace Relations (DEWR) in 2004, review of the program led to
it being gradually withdrawn from non-remote areas, which was assisted by the
buoyant labour market of the time. In the range of measures associated with the
Northern Territory Emergency Response (NTER) in 2007, it was announced that
CDEP would be wound up. Some of those formerly employed under CDEP to deliver
government services (e.g. Indigenous teachers’ aides) were to be employed by local
and state governments in regular jobs while others would be transferred to
unemployment programs, in keeping with a criticism of the time that CDEP was
being used as a Commonwealth subsidy to provide services that should be
provided by other levels of government. The change of government slowed this
process as the Rudd Government undertook consultations on the future of the
CDEP,[23]
but the new Government arrived at a similar policy position that the CDEP was
not delivering employment outcomes and was subsidising local and
state/territory responsibilities.[24]
The process of closing non-remote CDEP programs continued, with participant
numbers declining to approximately 10,500 by 2011. In 2012–13, all remaining
CDEP participants, as well as clients of Job Services Australia, Disability
Employment Services and the Indigenous Employment Program in remote areas, were
transferred to the Remote Jobs and Communities Program (RJCP), which administers
programs broadly similar to non-remote unemployment, disability and Work for
the Dole programs, although some participants continue to work on CDEP rates
under grandfathering arrangements.[25]
A recurring criticism of these changes,[26]
which now appears to be agreed to by Minister Scullion[27]
and Shadow Parliamentary Secretary for Indigenous Affairs Snowdon[28],
was that the shift from a ‘workfare’ program such as the CDEP to more standard
welfare programs would lead to an increase in passivity, ‘sit-down money’, and
associated social ills as work requirements were no longer attached to
payments. Responding to this emerging problem has led to increasing
work-for-the-dole requirements under the Community Development Program, in
response to a recommendation by Andrew Forrest.[29]
Evaluations of the CDEP program over the last 20 years
consistently found that CDEP participants had better social, health and
economic outcomes than unemployed and not in the labour force Indigenous
people, but much worse outcomes than Indigenous people in non-CDEP employment.[30]
How these results have been interpreted has largely depended upon the
interpreters’ view of whether there is sufficient non-CDEP employment available
and the broader viability and desirability of small remote Indigenous
communities. If the alternatives are CDEP or unemployment, this is a good
outcome;[31]
if CDEP has diverted people from other employment opportunities, it is an
indictment.
Key features of CDEP
Under the CDEP, unemployment payments of participants were
pooled and administered by a local Indigenous organisation, which used the
money to employ participants at or around minimum wage rates, doing various
forms of community work. Participants might also be employed by the
organisation beyond the minimum hours required using other sources of funds, for
example government grants to deliver community services, an arrangement
generally referred to as ‘top-up’, which became controversial due to its
potential use as a cross-subsidy for services. This enabled local level
flexibility and responsibility, rapid response to problems by local
organisations on the ground, and welfare that encouraged participation in the
community and the workforce rather than ‘sit-down money’.
While some of these features are captured by the proposed
Bill and the suggested policy around it, there are some key differences between
the proposed CDP and the former CDEP, which may result in different outcomes:[32]
- The
former CDEP scheme was voluntary; participants could choose either to
participate in it or in the standard social security system. The proposed
system would be compulsory for all remote income support recipients in
designated areas.
- The
former CDEP based work requirements on minimum wage rates, effectively
requiring about 15 hours work per week to earn the equivalent of Newstart. The
proposed 25 hour a week requirement is equivalent to a below-minimum wage of approximately
$10.50 an hour.
- CDEP
was managed by local Indigenous organisations which had considerable discretion
in their choice of activities and administration of payments. Current CDP
providers have very little discretion in whether or not to penalise
job-seekers, and about half are non-local, non-Indigenous and for-profit
providers, who have less incentive or ability to take community views or
individual problems into account. The Minister has suggested that the current
high rates of ‘no show no pay’ penalties being levelled on CDP participants are
partly due to administrative complexity, confusion and delay stemming from
centralised DHS administration of the remote population, and turning over these
responsibilities to local CDP providers would lead to penalties being more
rapidly and fairly assessed, leading in turn to more responsible behaviour from
participants.[33]
However, without CDP providers having more discretion in the administration of
Work for the Dole requirements and breaches, there seems little reason to
suppose that the proposed scheme, which involves an increase in Work for the
Dole requirements, would lead to a decrease in non-attendance.[34]
In summary, while the proposed schemes under the Bill do
duplicate some features of the CDEP, they do so while potentially applying much
tighter government control over the nature of community work and participation
requirements, and at much lower rates of pay for participants.
Senate Selection of Bills Committee
The Selection of Bills Committee referred the Bill to the
Senate Finance and Public Administration Legislation Committee on 3 December
2015. The reasons for referral were:
- to
fully evaluate the impact of the measures on remote communities
- to
enable the views of communities and providers to be taken into account to
ensure that the proposed changes deliver the best practical outcomes and
- to
determine the impact of the measures in the Bill on various types of families.[35]
Senate Finance and Public
Administration Legislation Committee
The reporting date for the Senate Finance and Public
Administration Legislation Committee’s inquiry (‘the Inquiry’) is 29 February
2016. Details of the inquiry are at the
inquiry webpage.[36]
A hearing was held on 19 February 2016.
Senate Standing Committee for the
Scrutiny of Bills
The Senate Standing Committee for the Scrutiny of Bills has
considered the bill in its first Alert Digest for 2016.[37]
The Committee considers that, given the extensive delegation of parliamentary
powers to the Minister to be exercised via legislative instrument, the Bill may
delegate legislative powers inappropriately and it may be insufficiently
subject the legislative powers to parliamentary scrutiny.[38]
The committee noted that the Explanatory Memorandum contained a detailed
explanation that this level of delegation and flexibility was necessary given
the need to tailor social security policy to the requirements of specific
regions and communities. They suggest a reporting requirement should be added,
to evaluate the scheme’s operation and the appropriateness of the use of
delegated legislative power for the purpose.[39]
At the time of writing, the non-government parties and
independents had not expressed a view of the Bill. Warren Snowdon, ALP shadow parliamentary
secretary for Indigenous affairs, has expressed general support for reform of
RJCP to bring back positive features of the former CDEP scheme.[40]
Many peak bodies, CDP providers and other interest groups
have made submissions to the Senate Finance and Public Administration
Legislation Committee’s inquiry into the Bill (‘the inquiry’). As many of these
raise the same or similar issues, they are summarised here and the issues
raised are addressed in more detail under ‘Key Issues and provisions’ below.
As mentioned above, the Aboriginal and Torres Strait
Islander Social Justice Commissioner, Mick Gooda, has raised a number of
concerns about the Bill in the Social Justice and Native Title Report 2015.[41]
Mick Gooda also made a submission to the inquiry repeating and extending these
concerns and recommending that the Bill not be passed in its current form.[42]
A number of academics with experience in Indigenous affairs,
including Lisa Fowkes, Dr Kirrily Jordan, and Professor Jon Altman, have made
similar submissions to the inquiry.[43]
Collectively, they argue that the Bill is misconceived because, contra the
Explanatory Memorandum, high rates of non-attendance at work for the dole and
penalty imposition in remote areas are not driven by misunderstanding of a
complex administrative system. Rather these problems are caused by aggressive
enforcement of extremely high (25 hours per week) work requirements by CDP
providers who lose money if they do not enforce penalties. They argue that the
CDP scheme will not boost employment, as work for the dole schemes have
historically failed to do so. They instead call for much greater analysis and consultation
with Aboriginal communities on the design of a new scheme more closely
resembling the former CDEP, such as the Remote Participation, Employment and
Enterprise Development Scheme (RPEEDS) proposed by Aboriginal Peak
Organisations Northern Territory (APO NT).
Jobs Australia,[44]
the peak body for not-for-profit employment services providers, and a number of
CDP providers[45]
have raised objections to the Bill in submissions to the Inquiry. These
objections include:
- a
lack of consultation
- the
wide and potentially discriminatory powers granted to the Minister
- the
implications for job seeker income of the work requirements
- staff
safety being compromised, and
- the
additional administrative burden on CDP providers.
Some CDP providers have lodged submissions supporting the
Bill,[46]
or providing in-principle support but raising similar concerns as those
opposed.[47]
Marra Warra Warra Aboriginal Corporation and Winun Ngari Aboriginal
Corporation, who support the Bill, have expressed a desire that the fund of
withheld penalty payments promised in the second reading speech be administered
and distributed by CDP providers, rather than being distributed through the
Indigenous Advancement Strategy budget.
The National Employment Services Association (NESA), the
peak body for all employment service providers, state that a majority of their
members consulted opposed the Bill, although approximately a third of members
supported it.[48]
They raised concerns about lack of transparency in process and proposed
changes, inadequate information on the selection of regions, the lack of an
independent evaluation framework, and potential costs, administrative burdens
and dangers faced by CDP providers.
The Australian Council of Trade Unions (ACTU) have lodged
a submission to the inquiry raising concerns about CDP Work for the Dole
workers becoming a second class of workers for CDP providers, potentially doing
the same jobs for below-minimum wage, and unprotected by Occupational Health
and Safety or Workers Compensation laws. They argue that this will undermine
employment and is potentially discriminatory and in breach of human rights.[49]
The Community and Public Sector Union (CPSU) has supported these concerns, and
expressed concerns about staff safety and the impact on Aboriginal public
servants currently employed to deliver administrative services if these roles
are transferred to CDP providers.[50]
The National Welfare Rights Network, a peak body for
community legal services, including Aboriginal legal services, have raised
concerns about the breadth of power granted to the Minister, potential
discrimination against remote income support recipients, the potential for the
changes to reduce incomes, and whether the proposed changes will actually
reduce penalty rates. They call for the projected budget of the Bill to be
invested in improving DHS services.[51]
The Northern Land Council opposes the bill on the grounds
of the breadth of power granted to the Minister, the potentially discriminatory
nature of the changes, and the lack of a clear appeals process (as the appeal
process is to be specified in the legislative instrument). They call for a more
community-centric model with greater local autonomy, to be designed in
collaboration with Indigenous communities.[52]
The New South Wales Aboriginal Land Council (NSWALC) has
expressed concerns that the Bill’s proposed s1061ZAAZA(4) excludes
participants in Work for the Dole activities from the Work Health and Safety
Act and other acts relating to workers’ safety and compensation.[53]
According to the Explanatory Memorandum, these exclusions also apply to current
Work for the Dole participants in non-remote areas.[54]
The NSWALC also expressed concerns that the Bill would create a class of
second-class workers working at below minimum wage levels in remote areas and
the wide scope of powers of the Minister, and called for more consultation.
They expressed a positive view of the current CDP scheme, with some
reservations about whether it created long-term opportunities for participants.
The Australian Council of Social Service (ACOSS) opposes
the Bill on the grounds that determination of social security schemes by
legislative instrument, and the powers granted to the minister may weaken the
protections currently embedded in the Act for vulnerable people, and reduce
transparency in government policy towards them. They agree with the concerns
raised by the Parliamentary Joint Committee on Human Rights (discussed below)
about potential discrimination and immediate application of penalties before
appeal. ACOSS suggests that the Bill is unlikely to reduce penalty rates or
increase employment levels, and may exacerbate vulnerability and poverty in
remote areas.[55]
APO NT, a peak organisation covering the North Australian
Aboriginal Justice Agency (NAAJA), Central Australian Aboriginal Legal Aid
Service (CAALAS), Aboriginal Medical Services Alliance NT (AMSANT), Central
Land Council (CLC) and the Northern Land Council (NLC), have made a submission
opposing the bill, objecting to the increased range of powers granted to the
Minister, and calling for further inquiry into the reasons for high penalty
rates and community consultation and input on policy design. They also suggest
a number of specific changes, including:
- reducing
the proposed 25 hours of work a week to the 15 hours applied to non-remote
income support recipients
- work
for the dole to be paid at minimum wage rates, and
- counting
hours of paid employment towards the work requirements.
APO NT have put forward a proposed alternative model called
the Remote Participation, Employment and Enterprise Development Scheme (RPEEDS)
and request that the Minister consider trialling it.[56]
The CLC have made a submission which echoes the submission of the APO NT.[57]
The National Congress of Australia’s First People (NCAFP) have
made a submission opposing the Bill on the grounds that it is discriminatory,
grants too much power to the Minister, has not made sufficient information
available about the content of the proposed legislative instrument(s), and does
not meet the criteria of ‘free, prior and informed consent’ set by the United
Nations Declaration on the Rights of Indigenous Peoples (discussed below under
‘Consultation requirements’). They propose:
- that
CDP providers should only be local community controlled Indigenous
organisations (under the current system, non-Indigenous, non-local and
for-profit organisations can tender to be CDP providers)
- that
CDP providers should be compensated for additional administrative and IT
expenses
- that
Work for the Dole in remote areas should be limited to 15 hours per week as it
is in non-remote areas,
- and
they express support for RPEEDS.[58]
The Bill’s Explanatory Memorandum states that approximate costs
for establishment and rollout of the proposed amendments for up to 2,000 people
are $31 million over four years.[59]
This is approximately $3,900 per participant per year.
If the same total costs (over four years) per person
applied to a hypothetical further rollout to all approximately 36,000
recipients of social security payments in CDP areas, then the total cost would
be approximately $558 million. However, the actual cost per person is likely to
be lower given that some percentage of the cost is non-repeated establishment
costs.
As a basis for comparison, the ongoing cost per person of
Income Management in the Northern Territory was approximately $5,600 per
participant in 2011–12.[60]
The annual maximum Newstart income of a single recipient is $13,608.[61]
A number of submissions to the Inquiry by CDP providers
have raised concerns about the administrative cost and burden of taking over
payment processing in the manner suggested by the Bill.[62]
The Explanatory Memorandum does not state whether the $31 million includes
assistance to CDP providers to upgrade their systems.
Given the Productivity Commission’s recent (repeated) call
for ‘a much greater emphasis on policy evaluation’[63]
in Indigenous policy, and the Senate Standing Committee for the Scrutiny of
Bill’s call for an evaluation reporting requirement to be added to the Bill,[64]
Members and Senators may wish to establish whether this amount includes an
adequate budget for evaluation of the new CDP framework, and whether any evaluation
will be tabled in parliament. NESA and a number of CDP providers have also
expressed concerns that recent changes introducing CDP have not yet been
evaluated before this new CDP is introduced.[65]
A commonly cited rule of thumb in social and economic development literature[66]
is that a program should allocate between five and ten percent of its budget to
monitoring and evaluation, although this amount may be proportionally smaller
for larger programs.
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.[67]
Mick Gooda has expressed concern that some aspects of the
Work for the Dole schemes which are proposed to be enacted under the Bill may
give rise to indirect discrimination and have a negative impact on the ability
of Aboriginal and Torres Strait Islander peoples to enjoy their rights.[68]
This concern is echoed in many of the submissions to the Inquiry. This is
discussed further in the ‘Key Issues and provisions’ section below.
Parliamentary Joint Committee on
Human Rights
The Parliamentary Joint Committee on Human Rights has
expressed concern that:
By enabling the creation of a different system of obligations
and penalty arrangements for remote job seekers, the bill engages and may limit
the right to social security and the right to an adequate standard of living,
and the right to equality and non-discrimination.[69]
The key issues raised by the Parliamentary Joint Committee
on the right to social security and an adequate standard of living are:
- New
obligations and [proposed] immediate penalties may result in payments being
reduced or lost altogether, limiting the right to social security.[70]
- Application
of immediate penalties means that appeals can only occur after the penalty has
already been imposed.[71]
- It
is unclear why obligations [of remote income support recipients] are to be
determined by legislative instrument rather than set out in legislation.[72]
- Because
the obligations and penalties have not been set out in legislation and the
proposed legislative instrument has not been provided, the committee cannot
determine whether they have a legitimate objective and are rationally and
proportionately connected with that objective. Therefore, the committee cannot
determine whether the obligations and penalties, and the Bill enabling them,
are compatible with human rights. As it stands, the Bill engages and limits the
right to social security.[73]
On equality and non-discrimination, the Committee
expressed a similar point of view to the Aboriginal and Torres Strait Islander
Social Justice Commissioner,[74]
that although the legislation was not directly discriminatory, there was
potential for indirect discrimination as more than 80 per cent of the affected
population were Aboriginal and Torres Strait Islander people.[75]
Such measures are justifiable if they pursue a legitimate objective, are
rationally connected to the objective, and are proportionate, or are a special
measure designed to assist or protect a disadvantaged group.[76]
The committee accepted that the aim of reducing disadvantage for remote job
seekers is a legitimate outcome and that creating a different system of
obligations and penalties for this group is rationally connected. However, the
committee was unable to assess whether the proposed measures were proportionate
and whether they would disproportionately affect Indigenous Australians..[77]
The committee has sought the advice of the Minister for
Indigenous Affairs on the compatibility of the Bill with human rights given the
matters raised[78]
and has recommended that the government release an exposure draft of the
proposed legislative instrument, setting out the obligations and penalties for
remote income support recipients.[79]
Substance of Amendments
The major ways in which the Bill amends the Act and the Social
Security Act 1999 are:
Firstly, to create a new category of social security
recipient, defined by item 3 of the Bill as a remote income support
recipient in a clause inserted into subsection 23(1) of the Act.
Remote income support recipients are the recipients of
disability support pension, parenting payment, youth allowance, Newstart
allowance or special benefit, who live in a remote income support region,
are subject to activity tests and/or participation requirements, and receive
their payment(s) from a Community Development Program Provider rather than
directly from the Department of Human Services. Remote income support
recipients are exempted from the activity tests, participation requirements and
employment pathway plans required of other recipients by items 4–24 of the
Bill. Instead, their obligations will be determined by a scheme
determined by the Minister through a legislative instrument under the new
section 1061ZAAZA of the Act, created by item 25 of the Bill, and
administered by the local Community Development Program Provider.
Remote income support recipients also have the income
threshold above which social security payments are reduced significantly
raised, from $143–$162 per fortnight[80]
to $1,300 per fortnight or $33,800 per year, above which income support tapers
at a rate of 50 cents reduced per dollar earned. This is approximately the
annual earning of a full-time minimum wage job. The policy intent is to
encourage recipients to take up part-time, seasonal, intermittent or casual
work opportunities, which may be the only work available in remote areas,[81]
without being dissuaded by becoming ineligible for social security benefits.
Secondly, to enable the Minister to determine, by
legislative instrument, a region of Australia to be a remote income support
region. The Minister must consider the following in making the
determination:
(i) whether the region is remote;
(ii) the level of social and economic disadvantage within
the region, including the levels of unemployment, social welfare and education
of persons living in the region;
(iii) whether there is likely to be a Community Development
Program provider capable of providing remote income support payments to persons
residing in the region.
Delegation of legislative powers to
the Minister
It should be noted that although the government, in the Explanatory
Memorandum and second reading speech, has indicated a range of policies intended
to be applied in remote income support regions by means of the Bill, the range
of policy options opened to the Minister by the bill are significantly wider
than these expressed policies. The Bill does not require (although it does ‘make
provision for’, given that they are potential options) payments to be made
weekly, provision for illness or cultural business, a maximum of 25 hours of
activities being required, community consultation or willingness to
participate, or provide any constraint on the nature of ‘worklike activities’.
In theory, the Bill’s item 25, which proposes a new
section 1061ZAAZA of the Social Security Act, gives the Minister the
power to determine, by disallowable legislative instrument, that remote income
support recipients in a designated region work any number of hours at yet to be
specified tasks (for instance these are not provided for in paragraphs 1061ZAAZA(2)(a-b)),
with indefinite penalties to be applied (for instance these are not provided
for in paragraph 1061ZAAZA(2)(c)). Furthermore, there are no
explicit legislative provisions dealing with exemption for illness, cultural
business, or any other reason (for instance these are not provided for in paragraph
1061ZAAZA(2)(d)), and the decision review process is also to be
determined by the Minister (paragraph 1061ZAAZA(2)(g)), with
appeal to the Administrative Appeals Tribunal only available after this initial
review process is exhausted (item 50, revising paragraph 144(daa) of
the Social Security Administration Act). The breadth of the regulation
making capacity would also make it possible to impose additional requirements
on disability support recipients, parenting payment recipients, or youth
allowance recipients, beyond those required of non-remote income support
recipients (subsection 1016ZAAX(2)). This not only provides the
Minister with quite wide ranging powers, but also limits Parliamentary scrutiny
to the power to disallow an instrument instantiating a particular scheme. The
Senate Standing Committee for the Scrutiny of Bills has expressed concern that
this may be an inappropriate and insufficiently scrutinised delegation of
legislative power to the Minister.[82]
This delegation of legislative power is compounded by a ‘Henry
VIII’ clause in proposed section 1061ZAAZC, which grants the Minister
the power to use a legislative instrument to suspend or alter any provision of
the Act with respect to remote income support recipients. Section 125 of
the Social Security Administration Act would exempt any decision made
under such an instrument[83]
from the social security law, and so exempt it from the normal appeals process.
The Explanatory Memorandum states that this power is needed to address ‘any
unforeseen or unintended consequences’ of interactions between the new scheme
and the current or future social security law, and because this power is
limited to remote income support payments and recipients, it is an appropriately
limited delegation of legislative power to the executive.[84]
However, it is not limited in scope or time period in its application to these
people. In her submission to the Inquiry, Dr Kirrily Jordan states:
Just because non-remote social security recipients would
still be afforded the protections of existing social security legislation (and
parliamentary scrutiny of any changes to that legislation), this does not mean
that removing these protections from remote social security recipients is less
concerning.[85]
Some stakeholders have suggested amendments that could
alleviate these concerns. For example, Miwatj Employment & Participation, a
CDP provider for East Arnhem Land, have suggested that the legislative
instruments made by the Minister be required to be made in ‘consultation and
collaboration with both communities and service providers.’[86]
The Aboriginal and Torres Strait Islander Social Justice Commissioner has
recommended that Work for the Dole should be a voluntary, opt-in scheme.[87]
Will the changes reduce No Show No
Pay penalties?
Lisa Fowkes and others argue that current high penalty
rates for non-attendance by Work for the Dole participants in remote areas are
driven by over-zealous application of unrealistic work requirements rather than
misunderstandings of a complex and distant system, as the Explanatory
memorandum and second reading speech suggest. Fowkes suggests that despite the
stated intent of the bill being to reduce non-compliance and high penalty rates
among CDP participants, the imposition of higher work requirements, potentially
harsher penalties and less flexibility in considering individual circumstances
for ‘no-show’ means that penalty rates may rise rather than fall.[88]
As CDP providers are only paid by DHS when participants attend, provide timely
and reasonable excuses or are penalised, there is an immediate incentive to
penalise a lack of compliance. Thus, ‘a direct conflict of interest would arise
between the CDP providers’ financial interest in compliance and the traditional
obligations of those that administer welfare payments to ensure that people
have access to the income support safety net’.[89]
This concern and analysis are echoed in a number of submissions to the inquiry.
Indirect Discrimination
Mick Gooda has expressed concerns that a number of aspects
of the proposed scheme under the Bill would impose harsher penalties on job
seekers in remote communities. As these are predominantly Indigenous people,
this may give rise to indirect discrimination and a negative impact on the
ability of Aboriginal and Torres Strait Islanders to enjoy their rights.
Whether this occurred would depend upon the nature of the scheme laid down by
the Minister using the powers granted by the Bill. This concern has also been
raised by the Parliamentary Joint Committee on Human Rights,[90]
discussed above.
Specific points Mick Gooda has raised include:
- Job
seekers in non-remote areas are required to participate in Work for the Dole
for 6 months of the year, but the Minister has proposed that remote income
support recipients participate for the entire year (with standard allowances
for leave, holidays and so on.)
- Job
seekers in non-remote areas in Work for the Dole programs are currently required
to participate in Work for the Dole for 25 hours a week if aged under 30, and
15 hours a week if aged 30–49. The proposed scheme would extend the 25 hour
requirement to this older age bracket.
- There
is no legislative protection against a potentially harsher penalty being
applied to no-show remote income support recipients than that applying to
no-show Work for the Dole participants in non-remote areas. The Bill exempts
remote income support recipients from Division 3, Part 3A of the Social
Security Administration Act, which spells out how penalties for
non-compliance are assessed. This currently requires the Department of Human
Services to conduct a Comprehensive Compliance Assessment, taking the
individual’s personal circumstances into account, before levying serious
penalties. The Bill replaces this requirement with a scheme to be devised by the
Minister to assess penalties, and there is negligible legislative guidance as
to the form of this scheme.
Mick Gooda states that there is no clear benefit in
applying more work requirements to job seekers in remote communities than in
non-remote communities, particularly given that Work for the Dole has not been
shown to boost employment prospects and providers may have difficulty finding
enough activities for the recipients.[91]
In this he is partly supported by the recent evaluation of Work for the Dole by
the Social Research Centre for the Department of Employment, which found that
Work for the Dole only increased job placement rates and movement off income
support by 2 per cent (for both Indigenous and non-Indigenous participants),
and Indigenous Australians were less likely to be referred to Work for the Dole
activities and less likely to commence them if referred.[92]
However, participation in Work for the Dole was found to have a strong positive
effect on the psychological wellbeing of participants and was found valuable by
community organisations employing Work for the Dole participants.[93]
Given that social and individual dysfunction caused by passive welfare reliance
is a target of this Bill,[94]
the evaluation suggests Work for the Dole may have other positive outcomes for
Indigenous communities, even if it does not raise employment levels.
Financial and employment impact on
recipients
As mentioned above, analysis that Lisa Fowkes of CAEPR
prepared for Jobs Australia raises the prospect that participants could be
financially disadvantaged compared to current arrangements, despite the higher
taper rates. Under existing CDP rules, paid employment can count towards the 25
hours per week of Work for the Dole required to receive Newstart. Furthermore,
once the Newstart recipient hits the point at which income begins to taper,
they are no longer required to participate in Work for the Dole projects. Under
the scheme proposed in the Explanatory Memorandum and Second Reading Speech
(though not explicitly required in the bill), paid employment would not count
towards the 25 hours required. Consequently, substantially more activity would
be required to receive the same income, even though the Newstart payment would
not be tapered by income.[95]
The following table lays out an example of a single non-parent
Newstart recipient who also works part time for five hours, two days a week (20
hours per fortnight) at the minimum wage of $17.29 per hour, assuming that the
recipient does not attend Work for the Dole activities for the same number of
hours as they are attending paid work, and does not attend Work for the Dole at
all if not required to, as is the case under the existing CDP.
Table 1: Income and working hours for proposed and existing CDP[96]
Fortnightly Scheme:
|
Proposed CDP
|
Existing CDP
|
Income from work (20 hrs, $17.29/hr)
|
$345.80
|
$345.80
|
Income from Newstart (max. rate of $523.40)
|
$314.04 for 15
hours/week WftD
|
$392.12
|
Reduction in Newstart income due to income tapered rate
|
$0
|
-$131.28
|
Proposed reduction in Newstart income due to substituting
paid work for WftD
|
-$209.36
|
$0
|
Work for the dole hours/fortnight
|
30
|
0
|
Total income/fortnight
|
$659.84
|
$737.92
|
Total hours worked/fortnight
|
50
|
20
|
Average income per hour worked
|
$13.20
|
$36.90
|
It can be seen that despite doing 30 extra hours of CDP
work-like activities, this hypothetical part-time worker is $78 per fortnight
worse off under the proposed scheme than under existing arrangements. To simply
equal their previous income, they would have to do CDP work-like activities for
an additional 7.5 hours a fortnight (which might be difficult to arrange if scheduled
work-like activities clashed with their paid work) or find an additional 4.5
hours a fortnight paid work, outside the hours scheduled for CDP activities.
Given the limited labour markets and available activities in remote communities,
it is quite possible that there will be neither further CDP work nor paid work
available. In effect, Fowkes argues, the proposed policy to be enacted under
the Bill substitutes a steep time-based taper for a more gradual income-based
taper. Allowing paid work to count for CDP activity hours, as suggested by
Aboriginal Peak Organisations NT, would remove this problem.[97]
It should be noted that the Explanatory Memorandum and Second
Reading Speech propose ‘a broad range of CDP activities’ would be eligible to
be counted as activity requirements, such as ‘volunteering at the school
canteen, participating in women’s support groups... supporting older and disabled
people’[98]
or ‘vocational training; work preparation and foundations skills such as
language, literacy and obtaining a driver’s licence; programmes to address
pre-employment barriers such as drug and alcohol problems.’[99]
However, the wider this net is cast, the less plausible it becomes to suppose
that a person in part-time employment might not already be doing some or all of
these activities without being required to document them. Furthermore, such
arrangements might open the program to criticisms of the former CDEP, that it
simply delivered ‘training for training’s sake’ or ‘activity for activity’s sake’
rather than any tangible or longer-term outcome.
The justification advanced for requiring this level of documented
activity is that it promotes ‘work-like behaviour’ which can lead to gaining
employment and exiting from welfare payments. However, as discussed above, while
there is evidence that work-for-the-dole and similar programs promote
psychological wellbeing among participants, there is little evidence that they
lead to significantly improved job prospects. Given that, as the second reading
speech recognises, work prospects in remote Australia are intermittent, there
seems little purpose in imposing Work for the Dole obligations on those who are
already working part-time. The Work for the Dole obligations imposed under the
scheme may need to be commensurate with the relatively limited options
available.
Lisa Fowkes[100]
and the Welfare Rights Centre Sydney[101]
have also commented that provisions to allow weekly Centrelink payments, and to
return to a scheme similar to the CDEP, already exist in social security
legislation and would not require legislation such as the Bill to enact.
Privacy and safety concerns
In order to enable social security payments to be
administered by and made through local CDP providers, the Bill enables the
employees or officers of a CDP provider to access protected information as
defined by the Act (item 2, inserting subsection 23(1)(bb)
in the Act) and to receive social security-related documents and information
from remote income support recipients (item 55, inserting Schedule 6
in the Social Security (Administration) Act).
Concerns regarding privacy issues may become more acute
because, as one of the rationales for the changes, payments are planned to be
made by ‘the local CDP provider on the ground who has a direct relationship
with the job seeker’.[102]
Given that CDP providers will be local organisations, there is reason to
believe that the users and handlers of social security information within the
CDP provider may know the remote income support recipient personally or in
other contexts.[103]
Avoiding the inappropriate handling of private information becomes that much
more crucial than when the information is held by more remote departmental
staff who have been trained in proper handling of private information. There
are also concerns about whether local providers would have adequate IT
infrastructure to correctly handle and process social security payments.[104]
The personal information will be governed by
the confidentiality provisions of the Social Security (Administration) Act (Part
5—Information Management: Division 3, Confidentiality). These provisions will
apply to staff of a CDP service provider since they are defined as an ‘officer’
by section 201A of the Social Security (Administration) Act:
(c) a person who, although not appointed or
employed by the Commonwealth, performs or did perform services for the
Commonwealth and who, as a result of performing those services, may acquire or
has acquired information concerning a person under the social security law.[105]
The privacy provisions of the Privacy Act
1988 also govern the collection, protection, use and disclosure of all
personal information by the government and certain private enterprises. Given
the increased significance of privacy in these environments, it may be that the
legislation could flag this issue more effectively. For instance the Minister
could need to be satisfied that the ‘suitable Community Development Program
provider’ (as proposed provision 1061ZAAZ(2)(a)(iii) requires), is capable
of placing adequate privacy safeguards on the information received from remote income support recipients residing in the region.
A similar concern has been
expressed in submissions to the Inquiry about the safety of staff. Some CDP
providers, peak bodies and the CPSU fear that if the power to determine
payments and penalties is delegated to local CDP staff, the staff will be
subjected to intimidation or violence from income support recipients.
Indigenous staff may be placed in culturally untenable positions if they are
required to impose penalties upon members of their kinship or social networks.[106]
Consultation requirements
A number of submissions to the Inquiry expressed concerns
that despite references to ‘extensive community consultation’ and ‘community
willingness’ in the Explanatory Memorandum,[107]
there are no consultation requirements in the Bill itself. Some suggest that
consultation requirements should be embedded in the legislation.[108]
In their submission to the Inquiry, the Department of the Prime Minister and
Cabinet argue that the Minister must ‘fulfil the consultation requirements under
the Legislative Instruments Act before the relevant legislative instrument is made’.[109]
Part 3 of the Legislative Instruments Act 2003 lays
out the requirements for consultation when making a Legislative Instrument. It
states:
Part
3—Consultation before making legislative instruments
17 Rule‑makers should consult
before making legislative instruments
(1) Before a
rule‑maker makes
a legislative instrument, and particularly where the proposed instrument is
likely to:
(a)
have a direct, or a substantial indirect, effect on business; or
(b)
restrict competition;
the rule‑maker must be
satisfied that any consultation that is considered by the rule‑maker to be appropriate and that
is reasonably practicable to undertake, has been undertaken.
(2) In
determining whether any consultation that was undertaken is appropriate, the
rule‑maker may
have regard to any relevant matter, including the extent to which the
consultation:
(a)
drew on the knowledge of persons having expertise in fields relevant to the
proposed instrument; and
(b)
ensured that persons likely to be affected by the proposed instrument had an
adequate opportunity to comment on its proposed content.
(3) Without
limiting, by implication, the form that consultation referred to in subsection
(1) might take, such consultation could involve notification, either directly
or by advertisement, of bodies that, or of organisations representative of
persons who, are likely to be affected by the proposed instrument. Such
notification could invite submissions to be made by a specified date or might
invite participation in public hearings to be held concerning the proposed
instrument.
Note: Under subsection 26(1A), an
explanatory statement relating to a legislative instrument must include a
description of consultation undertaken or, if there was no consultation, an
explanation for its absence.
18
Circumstances where consultation may be unnecessary or inappropriate
(1) Despite
section 17, the nature of an instrument may be such that consultation may be
unnecessary or inappropriate.
(2) The
following are examples of instruments having a nature such that the rule‑maker may be satisfied
that consultation is unnecessary or inappropriate:
(a)
an instrument that is of a minor or machinery nature and that does not
substantially alter existing arrangements; or
(b)
an instrument that is required as a matter of urgency; or
(c)
an instrument that gives effect, in terms announced in the Budget, to a
decision:
(i) to repeal, impose or adjust a tax, fee or charge; or
(ii) to confer, revoke or alter an entitlement; or
(iii) to impose, revoke or alter an obligation; or
(d)
an instrument that is required because of an issue of national security; or
(e)
an instrument in relation to which appropriate consultation has already been
undertaken by someone other than the rule‑maker; or
(f)
an instrument that relates to employment; or
(g)
an instrument that relates to the management of, or to the service of members
of, the Australian Defence Force.
19
Consequence of failure to consult
The fact that
consultation does not occur does not affect the validity or enforceability of a
legislative instrument.
These consultation requirements fall short of the standard
referred to in the Explanatory Memorandum, ‘only where the community is willing’,
or the standard set by Article 19 of the United Nations Declaration on the
Rights of Indigenous Peoples, which Australia has supported, which specifies
that states should obtain the ‘free, prior and informed consent [of Indigenous
Peoples] before adopting and implementing legislative or administrative
measures that may affect them’.[110]
Whether consultation is adequate or not is determined by the Minister (subsections
17(1) and (2)), the level of consultation required is ‘opportunity to comment’ (paragraph
17(2)(b)) without any requirement that comments be considered, and, under section
19, failure to consult would not affect the legislative instrument.
Furthermore, paragraph 18(2)(f) states that consultation is unnecessary
for ‘an instrument that relates to employment’, which may include Instruments
under the Bill.
Many submissions also expressed concerns that the Bill’s
policy had not been discussed with stakeholders and Indigenous people before
being presented to Parliament, and called for more consultation before any
future CDP changes occur.
Potential to displace local
employment
A potential unintended consequence is the scope for the
Bill to recreate what were previously seen as some undesirable features of the
CDEP scheme. One rationale for the CDEP’s abolition was that it was creating an
underpaid workforce, who were frequently doing ‘real jobs’ for local or
state/territory government and community services, but at below-minimum wages,
‘topped-up’ by Commonwealth-funded CDEP payments. Many of the organisations
delivering CDP services are currently also service providers. They would have a
financial incentive to use their CDP work-for-the-dole-force to deliver local
services for which they would otherwise have to pay full wages. According to proposed
section 1061ZAAZB, providers can be paid for ‘services, activities,
assistance, infrastructure, or projects in relation to the making of remote
income support payments’, which would seem to place no limit on what CDP
participants can be required to do. Rather than encouraging people into the workforce,
the limited job markets of remote and very remote Australia, and the domination
of local job markets by employers who are also CDP providers, could mean that
opportunities for paid jobs are displaced.[111]
Members, Senators and Parliamentary staff can obtain
further information from the Parliamentary Library on (02) 6277 2500.
[1]. Explanatory
Memorandum, Social Security Legislation Amendment (Community Development
Program) Bill 2015, p. 7, accessed 26 February 2016.
[2]. N
Scullion, ‘Second reading speech:
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[3]. BH
Hunter and MC Gray, Continuity
and change in the CDEP scheme, Working paper, 84/2012, Centre for
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February 2016.
[4]. Some
RJCP participants ‘grandfathered’ from CDEP programs will continue to receive
CDEP payments until 2017. Hunter & Gray, op. cit.
[5]. Department
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[6]. Explanatory
Memorandum, op. cit., p. ii.
[7]. Senate
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[8]. Parliamentary
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[9]. Jobs
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[10]. Tiwi
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[11]. M
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[12]. L
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[13]. Senate
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[14]. Tiwi
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[15]. K
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[16]. Miwatj
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[17]. M
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[18]. M
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[19]. N
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(Community Development Program) Bill 2015’, op. cit.
[20]. W
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[21]. I
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[22]. BH
Hunter and MC Gray, op. cit.
[23]. J
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[24]. P
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[25]. BH
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[26]. K
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[27]. S Martin, ‘Communities
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[28]. M
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[29]. S
Martin, op. cit.
[30]. BH
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[31]. S
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[32]. L
Fowkes, op. cit., p. 6.
[33]. Explanatory
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[34]. L
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[35]. Selection
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[36]. Senate
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[37]. Senate
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[38]. Ibid.,
p. 46.
[39]. Ibid.,
p. 45.
[40]. M
Gordon, ‘Remote
communities may benefit in new work scheme’, The Age, 2 December
2015, p. 5, accessed 14 January 2016; M Garrick, op. cit.
[41]. M
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[42]. Australian
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[43]. L
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to the Senate Finance and Public Administration Legislation Committee,
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to the Senate Finance and Public Administration Legislation Committee, Inquiry
into the Social Security Legislation Amendment (Community Development Program)
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[44]. Jobs
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[45]. Tiwi
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[46]. Marra
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[47]. Miwatj
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[48]. NESA,
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[49]. ACTU,
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[50]. CPSU,
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[51]. National
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[52]. Northern
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[53]. New
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[54]. Explanatory
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[55]. ACOSS,
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[56]. APO
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[57]. CLC,
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[58]. NCAFP,
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[59]. Explanatory
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[60]. L
Buckmaster, C Ey and M Klapdor, Income
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[61]. Department
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[62]. Tiwi
Islands Training and Employment Board , op. cit.; Tangentyere Council, op.
cit.; Campbell Page, op. cit.; Roper Gulf Regional Council, op. cit..
[63]. Productivity
Commission, National
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Productivity Commission, Canberra, 2015, pp. 16–17, accessed 2 February 2016.
[64]. Senate
Standing Committee for the Scrutiny of Bills, op. cit.
[65]. NESA,
op. cit.; Campbell Page, op. cit., p.3.; Roper Gulf Regional Council, op. cit.,
p.1.
[66]. See
for example: The Global Fund to fight AIDS, tuberculosis and malaria, Monitoring
and evaluation toolkit, 4th edn, The Global Fund, 2011, p. 13, accessed
5 February 2016.
[67]. The
Statement of Compatibility with Human Rights can be found at pages 38–44 of the
Explanatory Memorandum to the Bill.
[68]. M
Gooda, op. cit., pp. 60–61.
[69]. Parliamentary
Joint Committee on Human Rights, Thirty-third
report of the 44th Parliament, February 2016, p. 7, accessed 3 February
2016.
[70]. Ibid.,
para 1.38.
[71]. Ibid.
[72]. Ibid.,
para 1.39.
[73]. Ibid.,
pp. 7–10.
[74]. M
Gooda, op. cit.
[75]. Parliamentary
Joint Committee on Human Rights, op. cit., paras 1.51–1.52.
[76]. Ibid.,
para 1.53.
[77]. Parliamentary
Joint Committee on Human Rights, op. cit., pp. 10–12.
[78]. Ibid.,
paras 1.43 and 1.55.
[79]. Ibid.,
para 1.44.
[80]. Existing
earning thresholds for the various payments are shown inter alia in items 27,
29, 31 and 41 of the Bill, and vary between $143–$162 per fortnight for various
categories, except for Youth Allowance for full time students or apprentices
who can earn up to $427 per fortnight.
[81]. N
Scullion, ‘Second reading speech: Social Security Legislation Amendment
(Community Development Program) Bill 2015’, op. cit. p. 73.
[82]. Senate
Standing Committee for the Scrutiny of Bills, op. cit., p. 46.
[83]. Except
an instrument made under proposed section 1061ZAAZA, determining that an
instrument is a remote income support region.
[84]. Explanatory
Memorandum, op. cit., p.22.
[85]. K
Jordan, op. cit., p.6.
[86]. Miwatj
Employment & Participation, op. cit.
[87]. M
Gooda, op. cit., p. 61.
[88]. L
Fowkes, Proposed
Social Security Legislation Amendment (Community Development Program) Bill 2015,
op. cit., p. 4.
[89]. Ibid.,
pp. 4–6.
[90]. Parliamentary
Joint Committee on Human Rights, op. cit., pp. 10–12.
[91]. M
Gooda, op. cit., pp. 59–61.
[92]. K
Kellard, N Honey and T McNamara, Evaluation
of Work for the Dole 2014-15, report prepared for the Department of
Employment, Canberra, 2015, p. v, 25, accessed 1 February 2016.
[93]. Ibid.,
pp. 73–81, 82–86; M Cash (Minister for Employment), ‘Independent
report finds Work for the Dole effective’, media release, 16 November
2015, accessed 1 February 2016.
[94]. N
Scullion, ‘Second reading speech: Social Security Legislation Amendment
(Community Development Program) Bill 2015’, op. cit. p 72.
[95]. L
Fowkes, op. cit., p. 5.
[96]. Parliamentary
Library estimates.
[97]. L
Fowkes, Submission
to the Senate Finance and Public Administration Legislation Committee Inquiry
into the Social Security Legislation Amendment (Community Development Program)
Bill 2015, January 2016, p.15, accessed 5 February 2016; Aboriginal Peak
Organisations Northern Territory, Submission, op. cit., p.2.
[98]. N
Scullion, ‘Second reading speech: Social Security Legislation Amendment
(Community Development Program) Bill 2015’, op. cit.
[99]. Explanatory
Memorandum, op. cit., p.3.
[100]. L
Fowkes, op. cit.
[101]. Welfare
Rights Centre Sydney, op. cit.
[102]. Explanatory
Memorandum, op. cit., p. 3.
[103]. Tiwi
Islands Training and Employment Board, op. cit., p. 2.
[104]. Australian
Human Rights Commission, Submission, op. cit., p. 3.
[105]. Social
Security (Administration) Act 1999.
[106]. Tiwi
Islands Training and Employment Board, op. cit., p. 2.
[107]. Ibid.,
pp. ii, 9.
[108]. Miwatj
Employment and Participation Ltd, op. cit.
[109]. PM&C,
Submission
to the Senate Finance and Public Administration Legislation Committee, Inquiry
into the Social Security Legislation Amendment (Community Development Program)
Bill 2015, January 2016, p. 3, accessed 5 February 2016.
[110]. K
Jordan, op. cit., p. 4.
[111]. L.
Fowkes, Proposed
Social Security Legislation Amendment (Community Development Program) Bill
2015: Briefing by Lisa Fowkes for Jobs Australia, op. cit. p.5; ACTU,
op. cit.
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