Footnotes

Introduction

[1]          The list of witnesses who gave evidence can be found in Appendix 1 in the PJCHR's Fourth Report of 2012: Interim Report—Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, 20 September 2012.

[2] Copy of the ACOSS letter is at: http://acoss.org.au/uploads/Urgent%20communication%20to%20the%20UN%20Special%20Rapporteur%20on%20Extreme%20Poverty%20and%20Human%20Rights_Final_051012.pdf?utm_source=ACOSS+Media&utm_campaign=258ac43fe8-2012-10-05_MR_soleparents&utm_medium=email

[3] Copy of the UN letter is at: https://spdb.ohchr.org/hrdb/22nd/public_-_UA_Australie_19.10.12_(2.2012).pdf

[4]          The Act also reduced the length of the liquid assets waiting period for certain income support applicants by doubling the maximum reserve threshold for liquid assets to $5,000 for singles without dependants or $10, 000 for others from 1 July 2013 (Schedule 2); and clarified the definition of 'termination payment' for the purposes of the income maintenance waiting period to ensure it includes any payments connected with the termination of a person's employment (Schedule 3). The changes contained in Schedules 2 and 3 (relating to the liquid asset and income maintenance waiting periods) would appear to be beneficial and do not appear to raise any human rights concerns.  These provisions are not subject to consideration in this report.

[5]          See Report of the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, para 2.5.

[6]          Letter from the Minister for Employment and Workplace Relations to the Chair of the Parliamentary Joint Committee on Human Rights, 18 September 2012.

[7]          In general terms, parents transferring from PP Single to the maximum Newstart rate for single principal carers would lose $118.70 a fortnight.  With the exception of the pensioner education supplement, the same supplementary payments and services are available on PP Single and Newstart.

[8]          See information on the Department of Human Services’ website: http://www.humanservices.gov.au/customer/enablers/centrelink/parenting-payment/changes-to-parenting-payment

[9]          Since July 2007 the vast majority of PP recipients have faced the same activity requirements as parents with children over five years of age on Newstart. The main difference between their circumstances and those of new applicants after 2006 was that this ‘grandfathered’ group received a higher payment with a more liberal income test. See ACOSS Briefing notes: http://www.acoss.org.au/images/uploads/Formatted%20briefing%20note%20sole%20parents%2021%20May%202012.pdf

[10]       See information on the Department of Human Services’ website: http://www.humanservices.gov.au/customer/enablers/centrelink/parenting-payment/changes-to-parenting-payment

[11]        See Report of the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, paragraphs 2.12-2.13.

[12]        But PP is not indexed to the PBLCI.

[13]        See Report of the Senate Education, Employment and Workplace Relations References Committee inquiry into the adequacy of the allowance payment system, November 2012, paragraph 3.34.

[14]        Australia’s Future Tax System, 2009, at: http://taxreview.treasury.gov.au/content/FinalReport.aspx?doc=html/publications/papers/Final_Report_Part_1/index.htm

[15]        See Report of the Senate Education, Employment and Workplace Relations References Committee inquiry into the adequacy of the allowance payment system, November 2012, paragraph 3.32.

[16]        Joint Agency submission (DEEWR, DHS, FaHCSIA, DIISRTE) to the Senate Education, Employment and Workplace Relations References Committee, Inquiry into the adequacy of the allowance payment system, August 2012, page 98.

[17]        Joint Agency (DEEWR, DHS, FaHCSIA, DIISRTE), Response to Question taken on notice at the EEWRR inquiry 17 September 2012.

[18]        Minister for Employment and Workplace Relations, ‘Second reading speech: Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012’, House of Representatives, Debates, 29 November 2012, p. 13 891,  http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F9b96ae59-96ca-4e39-b984-8b520b432ef5%2F0035%22

[19]        The bill was introduced into the House of Representatives on 29 November 2012 and received Royal Assent on 5 March 2013.

[20]        At: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries/2013/12013/c12

[21]        See PJCHR Report 3/13 at: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries/2013/32013/index

[22]        Senate Education, Employment and Workplace Relations References Committee, Report of the inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 [Provisions], 23 August 2012.

[23]        Summary of findings drawn from the Bills Digest on the Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 (by Michael Klapdor; Bill Digest No 58, 2012-13).

[24]        Senate Education, Employment and Workplace Relations References Committee, Report of the inquiry into the adequacy of the allowance payment system, 29 November 2012.

[25]        Senate Education, Employment and Workplace Relations References Committee, Report of the inquiry into the adequacy of the allowance payment system, p 31, para 3.4.

[26]        Majority report, p 30, para 2.67

[27]        Majority report, p 54, para 3.83.

[28]        Majority report, p 54, para 3.84.

[29]        Majority report, p 30, para 2.67 and footnote 58.

[30]        Majority report, p. 50, para 3.66.

[31]        Majority report, p. 54, paras 3.84-3.86. 

[32]        Government Senators’ additional comments, p. 89, para  1.32..

[33]        Government Senators’ additional comments, p. 86, para 1.17.

[34]        Australian Greens additional comments, p. 93, para 1.16.

[35]        Majority report, p. 77, para 4.103.

[36]        Majority report, p. 31, para 3.5.

[37]        See for example Australian Council of Social Service's s submission to the Senate Education, Employment and Workplace Relations References Committee, Inquiry into the adequacy of the allowance payment system, August 2012,  at http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_Employment_and_Workplace_Relations/Completed_inquiries/2010-13/newstartallowance/index , and the document tabled by Anglicare Australia, Catholic Social Services Australia, The Salvation Army and UnitingCare Australia to the EEWRR inquiry:  B Phillips and B Nepal, Going without: financial hardship in Australia, National Centre for Social and Economic Modelling (NATSEM), August 2012 at http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Flcatalog%2F00459624%22

[38]        Joint Agency submission (DEEWR, DHS, FaHCSIA, DIISRTE) to the Senate Education, Employment and Workplace Relations References Committee, Inquiry into the adequacy of the allowance payment system, August 2012, p. 96. 

[39]        Joint Agency submission (DEEWR, DHS, FaHCSIA, DIISRTE) to the Senate Education, Employment and Workplace Relations References Committee, Inquiry into the adequacy of the allowance payment system, August 2012, p. 102.

[40]        Australian Greens additional comments, p 93, para 1.21.

[41]        Australian Greens additional comments, p 94, para 1.24

[42]        Australian Greens additional comments, p 95. para 1.27.

[43]        Australian Greens additional comments, p 95, para 1.28.

[44]        The discussion on the right to social security in this report primarily focuses on the ICESCR but the same standards are applicable to these other international human rights treaties.

[45]        The CESCR monitors compliance by states parties with their ICESCR obligations.  To assist parties in complying with their obligations under the ICESCR, the CESCR issues ‘General Comments’.  General Comments are not legally binding but they indicate the interpretation of the provisions of the ICESCR adopted by the CESCR, and have persuasive effect on the interpretation of the ICESCR by the parties.

[46]        CESCR, General Comment No 19 (2008), paragraph 2.

[47]        CESCR, General Comment No 19 (2008), paragraphs 2 and 59.

[48]        CESCR, General Comment No 19 (2008).

[49]        CESCR, General Comment No. 19 (2008), paragraph 22.

[50]        CESCR, General Comment No. 19 (2008), paragraph 22.

[51]        See article 4 of ICESCR.

[52]        See eg, CESCR, General Comment No 14 (2000), paragraph 29.

[53]        M Sepulveda, The Nature of the Obligations under the International Covenant on Economic, Social and Cultural Rights (ed.) in School of Human Rights Research Series, Volume 18 Intersentia Antwerpen (2003) page 323-324.

[54]        See eg, CESCR, General Comment No 3 (1990), paragraphs 9 and 12.

[55]        CESCR, General Comment No 19 (2008), paragraph 42.

[56]        Principal carer parents on Newstart are predominantly female with 38,066 recipients or 86 per cent of the total number of 44,194 recipients. This is mirrored in the Parenting Payment (Partnered) population with 91 per cent being female, and Parenting Payment (Single) of which 95 per cent are female: see Joint submission, page 86.

[57]        Direct discrimination occurs where a person is subject to less favourable treatment than others in a similar situation because of a particular characteristic.

[58]        Indirect discrimination occurs where apparently neutral criteria are applied to make decisions but which have a disproportionate impact on persons who share a particular characteristic.

[59]        See CESCR, General Comment No 19 (2008), paragraph 29, and General Comment No 20 (2009).

[60]        UN Committee on the Rights of the Child, General Comment 5 (2003), paragraph 12.

[61]        See section 8.

[62]                           See, eg, Amrei Müller, ‘Limitations to and Derogations from Economic, Social and Cultural Rights’ (2009) 9 Human Rights Law Review 557.

[63]        Department of Education, Employment and Workplace Relations, Submission to the Parliamentary Joint Committee on Human Rights on the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, 25 June 2012, pp 5-6; Department of Education, Employment and Workplace Relations, Submission to the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, p. 4.

[64]        Report of the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, paragraph 2.53 (Majority report) and paragraph 1.2 (Dissenting report).

[65]        Senate Education, Employment and Workplace Relations References Committee, Report of the inquiry into the adequacy of the allowance payment system, p 78.

[66]        Department of Education, Employment and Workplace Relations, Submission to the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, p. 4

[67]        Department of Education, Employment and Workplace Relations, Submission to the Parliamentary Joint Committee on Human Rights on the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, 25 June 2012, p 6; Department of Education, Employment and Workplace Relations, Submission to the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, p. 4.

[68]        Letter from the Minister for Employment and Workplace Relations to the Chair of the Parliamentary Joint Committee on Human Rights, 18 September 2012.

[69]        Joint Agency submission (DEEWR, DHS, FaHCSIA, DIISRTE) to the Senate Education, Employment and Workplace Relations References Committee, Inquiry into the adequacy of the allowance payment system, August 2012, p 89 and p. 118.

[70]        Joint Agency submission (DEEWR, DHS, FaHCSIA, DIISRTE) to the Senate Education, Employment and Workplace Relations References Committee, Inquiry into the adequacy of the allowance payment system, August 2012, p 81

[71]        Report of the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, paragraph 2.34-2.42.

[72]        Report of the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, August 2012, paragraph 2.54.

[73]        Senate Education, Employment and Workplace Relations References Committee, Report of the inquiry into the adequacy of the allowance payment system, 29 November 2012, page 30, paragraph 2.67.

[74]        See paragraph 1.92 above.

[75]        See paragraph 1.96 above.

[76]        See paragraph 1.96 above.

[77]        See, for example, submissions to the Senate Education, Employment and Workplace Relations Legislation Committee Inquiry into the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 and the Senate Education, Employment and Workplace Relations References Committee inquiry into the adequacy of the allowance payment system by ACOSS, the Salvation Army, National Council of Single Mothers and their Children and the National Welfare Rights Network. 

[78]        Majority report, p 54, para 3.84.

[79]        Majority report, p. 31, para 3.5.

[80]        Australian Human Rights Commission, Submission to the Senate Education, Employment and Workplace Relations References Committee Inquiry, 'Adequacy of the allowance payment system for jobseekers', August 2012, paragraphs 23-34.

[81]        Department of Education, Employment and Workplace Relations, Submission to the Parliamentary Joint Committee on Human Rights on the Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, 25 June 2012, pp. 1, 3.

[82]        Access to Training Places for Single Parents and Career Advice for Parents.

[83]        See PJCHR Report 1/13 at http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries/2013/12013/c12

[84]        CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights – Australia, UN Doc E/2001/22 (2001) [379], [398]; Concluding Observations of the Committee on Economic, Social and Cultural Rights - Australia, UN Doc E/C.12/AUS/CO/4, 42nd session, Geneva (22 May 2009), paragraph 24.

[85]        CESCR, Summary record of the first part (public) of the 5th meeting, 42nd session, 6 March 2009, E/C.12/2009/SR.5, paragraph 9.

[86]        See CESCR, General Comment No 19 (2008), paragraph 42 and General Comment No 3 (1990), paragraph 9,as discussed in paragraph 1.64 of this report.

[87]        See CESCR, General Comment No 19 (2008), paragraph 42, as discussed in paragraph 1.64 of this report.

[88]        See CESCR, General Comment No 19 (2008), paragraph 22, as discussed in paragraph 1.62 of this report.

[89]        See CESCR, General Comment No 19 (2008), paragraph 22, as discussed in paragraph 1.62 of this report.