Footnotes

Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012

[1]          The list of witnesses who gave evidence can be found in Appendix 1.

[2]          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.

[3]          Whereas on PP, single parents may earn $174 a fortnight, plus an additional $24.60 for each additional child, before being penalised, parents transitioned to Newstart would start to see a reduction in payments after they earn more than $62 a fortnight: 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 2.9.

[4]          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.

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

[6]          See section 8.

[7]          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.

[8]          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.

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

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

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

[12]        See article 4 of ICESCR.

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

[14]        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.

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

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

[17]           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.

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

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

[20]        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.

[21]        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).

[22]        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.

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

[24]        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.

[25]        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.

[26]        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 Newstart by ACOSS, the Salvation Army, National Council of Single Mothers and their Children and the National Welfare Rights Network. 

[27]        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.

[28]        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.

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