Chapter 1Introduction
Initiation of the inquiry
1.1The mandate of the Parliamentary Joint Committee on Human Rights (the committee) under paragraph 7(a) of the Human Rights (Parliamentary Scrutiny) Act 2011 is to examine all bills and legislative instruments that come before either House of the Parliament for compatibility with human rights and to report to both Houses of the Parliament on that issue.
1.2In September 2023, the committee was given the function (under section 243AA of the Social Security (Administration) Act 1999) to examine Part3AA and Part3B, so far as they relate to compulsory enhanced income management or compulsory income management, for compatibility with human rights and report to the Parliament.
1.3The committee must complete the first review by 4 September 2024. Subsequent reviews must be completed within three years after the completion of the previous review.
1.4In writing to invite submissions, the committee indicated that it sought submissions as to the compatibility of compulsory income management with human rights, and in particular:
whether compulsory income management has been effective in achieving its stated aims;
whether compulsory income management has caused, or contributed to, beneficial and/or detrimental outcomes;
the nature of any consultation undertaken with affected communities and groups in relation to the operation of compulsory income management;
how in practice income management has been applied, including how individual exemptions from compulsory income management have been considered;
the practical operation of the BasicsCard and SmartCard, particularly in remote communities; and
the extent to which compulsorily restricting the spending of welfare payments is consistent with international human rights law, particularly the rights to social security, an adequate standard of living, equality and non-discrimination, a private life, and the rights of the child.
Conduct of the inquiry
1.5The Chair of the committee, Mr Josh Burns MP, issued a media release on 28 March 2024 to call for submissions. The committee wrote to 77 stakeholders inviting them to make a submission to the inquiry by 5 May 2024, and advertised the inquiry on its website.
1.6The committee received 30 public submissions, which were published on the committee website, and one confidential submission. A list of submissions received is included at Appendix 1.
1.7The committee held two public hearings in relation to this inquiry. These hearings took place on 5 July and 29 July 2024 in Canberra. The committee heard evidence from a range of community organisations, peak bodies, academics, and the Department of Social Services. A list of witnesses for both public hearings are included at Appendix 2, and the Hansard transcripts are available on the committee website.
Structure of the report
1.8The report contains 4 chapters, as follows:
Chapter 1 sets out the details of the inquiry;
Chapter 2 sets out the background to the policies and legislation which have provided for income management and the committee’s consideration of income management legislation;
Chapter 3 discusses the key issues raised by submitters and witnesses to the inquiry; and
Chapter 4 sets out the relevant international human rights law and analysis associated with compulsory income management, and the committee’s views and recommendations.
Acknowledgements
1.9The committee acknowledges and thanks the organisations and individuals who contributed to the inquiry by making submissions, giving evidence at the public hearing and providing additional information.