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Social Security Legislation Amendment (Caring for People
on Newstart) Bill 2013
Introduced into the Senate on 7 February 2013
By: Senator Siewert
Summary of committee view
1.199 The committee seeks clarification as to the basis for differentiating between
different groups of Newstart and Youth Allowance recipients and whether this
differential treatment is aimed at a legitimate objective and is justifiable as
reasonable, necessary and proportionate to that objective.
Overview
1.200 This bill seeks to amend the Social Security Act 1991 to:
- introduce a Newstart Supplement payment of $100 per fortnight
payable to a person who qualifies for the Newstart Allowance and who
is single, has a partner who is separated from them by illness, or a
partnered couple where one of the partners is in jail;
- increase, by $100 a fortnight, the maximum basic rate for independent
long term income support student recipients of Youth Allowance; and
- provide for the same indexation arrangements for certain pensions and
allowances.
1.201 Payments under this bill would be dependent on an appropriation by the
Parliament for the purposes of the bill.
Compatibility with human rights
1.202 The bill is accompanied by a self-contained statement of compatibility, which
notes that the bill engages the right to social security guaranteed by article 9 of the
International Covenant on Economic, Social and Cultural Rights (ICESCR). The
statement notes that the bill will promote the right to social security by increasing
the amount of financial support for certain recipients of Newstart and Youth
Allowance, and providing for more appropriate indexation for other social security
basic payment rates.
1.203 These features of the bill may also been seen as contributing to the
enjoyment of the right to an adequate standard of living guaranteed by article 11 of
the ICESCR.
Equality and non-discrimination
1.204 The proposed increases only apply to persons who are single or who are
separated from a partner. This raises the issue of equality and non-discrimination in
the enjoyment of the rights guaranteed by articles 9 and 11 of the ICESCR; articles
2(1) of the ICESCR and article 26 of the International Covenant on Civil and Political
Rights (ICCPR) which guarantee equality and non-discrimination in the enjoyment of
human rights.
1.205 These distinctions involve differential treatment of groups (single persons,
and particular subgroups of couples) on the ground of their 'status'. Such treatment
must be demonstrated to have an objective and reasonable justification to be
consistent with the rights to equality and non-discrimination. The statement of
compatibility does not explicitly state why these groups are selected for the
increased payments over other groups.
1.206 The committee notes that the bill provides for differential treatment of
different groups of Newstart and Youth Allowance recipients. It would assist the
committee in its assessment of the compatibility of the bill with human rights if the
justification for the differential treatment were clearly articulated in the statement
of compatibility. The committee intends to write to Senator Siewart to seek further
clarification of this matter.
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