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Social Security (Administration)
(Recognised State/Territory Authority – Qld Family Responsibilities Commission
Determination 2013
FRLI: F2013L02153
Portfolio: Social Services
Tabled: Scheduled for House of
Representatives and Senate, 11 February 2014
Summary of committee concerns
2.1
The committee has deferred its consideration of this instrument while it
considers its predecessor committee's recommendation that a 12-month review be
undertaken in the 44th Parliament to evaluate the latest evidence in
order to test the continuing necessity for the Stronger Futures measures.
Overview
2.2
This instrument determines that the Queensland Family Responsibilities
Commission is a recognised State or Territory authority for the purposes of
Part 3B of the Social Security (Administration) Act 1999.
2.3
The determination also determines that Queensland is a recognised State
or Territory, such that a Queensland authority may be recognised under section
123TGAA of the Act, and determines that the deductible portion of an instalment
of a category I welfare payment is 60, 75 or 90 per cent, in order to match
deductions from welfare payments that would otherwise apply under the Cape York
measure of income management.
2.4
The explanatory statement states that Cape York welfare reform is a partnership
between the communities of Aurukun, Coen, Hope Vale and Mossman Gorge, the
Australian government, the Queensland government and the Cape York Institute
for Policy and Leadership.
2.5
The explanatory statement clarifies that:
Currently, a person can be subject to income management under
Cape York Welfare Reform only until 1 January 2014 after a decision by the
Commission. Legislative amendments proposed in the Social Services and Other
Legislation Amendment Bill 2013 currently before parliament propose extending
this timeframe to 1 January 2016. However, pending passage of that measure,
income management under the Cape York welfare reform measure of income
management provided for by section 123UF of the Act must cease from 1 January
2014, including under the Commission's decision, a person would otherwise have
continued to be subject to income management beyond this date.[1]
2.6
The purpose of the instrument is to avoid ending the income management
of a number of persons by providing an alternative basis for income management.
The explanatory statement states that
[I]t is possible for a person to be subject to the income
management regime where a State or Territory authority recognised by the
relevant Minister gives a written notice to the Secretary requiring that the
person be subject to income management under section 123UFAA of the Act.
Compatibility with human rights
Statement of compatibility
2.7
The instrument is accompanied by a statement of compatibility that
states that the instrument engages the right to social security[2],
the right to an adequate standard of living[3],
the rights of children[4],
the right to self-determination[5],
the right to privacy[6],
and the right to non-discrimination of persons of a particular race or ethnic
origin[7].
The statement concludes that the instrument 'only limits a person's freedom of
expenditure where it is reasonable, necessary and proportionate to achieving a
legitimate objective'[8].
Committee view on compatibility
2.8
In its Eleventh Report of 2013 the predecessor to this committee
considered the Stronger Futures in the Northern Territory Act 2012 and
related legislation. The committee wrote to the then Minister on 26 June 2013
inviting a response to the report. The committee notes that a Ministerial
response has not yet been received.
2.9
The former committee concluded its report by noting the importance of
continuing close evaluation of measures within the legislation. The committee
considered that the PJCHR could usefully perform an ongoing oversight role in
this regard and recommended that in the 44th Parliament the
committee should undertake a 12-month review to evaluate the latest evidence in
order to test the continuing necessity for the Stronger Futures measures.
2.10
The committee intends to defer its detailed consideration of this
regulation, while it considers its predecessor committee's recommendation.
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