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Social Security and Other Legislation
Amendment (Caring for Single Parents) Bill 2013
Introduced into the Senate on 13
March 2013
By: Senator Siewert
Summary of committee view
1.1
The committee
seeks further information in
relation to how the differential treatment of different groups of Newstart
recipients is justifiable and consistent with the rights to equality and
non-discrimination.
Overview
1.2
This
bill seeks to:
- amend the Social
Security Act 1991 to provide for:
- a $40 a week
supplementary payment for single parents receiving Newstart payments; and
- the income test
for single parents receiving Newstart to be the same as the income test for
single parents receiving Parenting Payment.
- amend the Fair
Work Act 2009 to provide for an enforceable right to request flexible work
arrangements for people with caring responsibilities, including single parents.
Compatibility with
human rights
1.3
The bill
is accompanied by a self-contained statement of compatibility which provides
that the bill engages the right to social security under article 9 of the International
Covenant of Economic, Social and Cultural Rights (ICESCR) and the right to work
under articles 6 and 7 of the ICESCR.
Right to social security
1.4
The
statement of compatibility provides:
The
Bill will promote the right to social security by increasing the amount of
financial support for certain recipients of Newstart and providing a more
appropriate income test for single parents.[1]
1.5
In
relation to this aspect of the bill, the amendments may also be seen as contributing
to the enjoyment of the right to an adequate standard of living which is
guaranteed by article 11 of the ICESCR.
Equality and non-discrimination
1.6
Similarly
to the committee's comments in its Third Report of 2013[2], applying the proposed
increases only to single parents (and not partnered parents) raises the issue
of equality and non-discrimination in the enjoyment of rights.[3] As single parents are
being treated differently on the basis of their 'status' as a single parent,
this differential 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 state why single
parents are to be selected for increased payments over other groups. The second
reading speech for the bill gives some clue, as Senator Siewert stated 'Single
parent families living on Newstart are the most disadvantaged families in
Australia'. However, no evidence is given to show that this is the case or to demonstrate
that single parents are worse off than partnered parents or people without
children.
1.7
The
committee intends to write to Senator Siewert to seek further information in
relation to how the differential treatment of different groups of Newstart recipients
is justifiable and consistent with the rights to equality and
non-discrimination.
Right to work
1.8
In
relation to the provisions of the bill that would enable people with caring
responsibilities to have an
enforceable right to request flexible work arrangements, the statement of compatibility
provides:
The Bill
will promote the right to work by providing additional rights to carers for
flexible work arrangements to ensure they can stay in employment.[4]
1.9
The UN Economic,
Social and Cultural Rights Committee has stated that States parties to the
ICESCR should adopt national employment strategies that 'must take particular
account of the need to eliminate discrimination in access to employment'[5] and:
Private
enterprises - national and multinational - while not bound by the Covenant, have
a particular role to play in job creation, hiring policies and
non-discriminatory access to work.[6]
1.10
The bill,
in providing a right for an employee with caring responsibilities to request
flexible work arrangements, appears to promote the right to work under articles
6 and 7 of the ICESCR.
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