Minority report - Australian Democrats
FAMILY AND COMMUNITY SERVICES LEGISLATION AMENDMENT
(SPECIAL BENEFIT ACTIVITY TEST) BILL 2002
The Australian Democrats consider this legislation to be
very flawed.
We know that many TPV recipients will not be able to fully
understand either their obligations or the administrative requirements
associated with them, given their language and cultural barriers and no
experience of the Australian Social Security system. Negotiating and
understanding activity test agreements and requirements, the completion of job
search diaries, obtaining Employer Contact certificates, and responding to
correspondence will be particularly difficult for TPV holders. Notwithstanding
they may be looking for work and undertaking all efforts to locate work, they
will still be fined hundreds of dollars because of their illiteracy and lack of
administrative system understanding.
Many TPV holders are not eligible for public housing and
will experience housing crises, they have limited access to accommodation
support, health assessment, and community support and orientation assistance.
Many still experience mental health problems, and are without access to medical
practitioners to certify incapacity.
Concerns raised by the Ombudsman’s inquiry into breaching
report and also the Independent Review into breaching consistently report no
attempt by Centrelink to discuss the circumstances of or reasons for, the persons
action before imposing a breach penalty. Impossible and unreasonable burdens
of proof are set and TPV holders because of their limited understanding of
Centrelink practices will be unable to navigate the complexities of
administrative review and appeal process. This is already borne out by
indigenous clients.
The income testing provisions, rates of payment and
financial impact of activity test breaches will operate to disadvantage TPV
holders undertaking job search activities.
TPV holders do not have an income-free area and face an
effective marginal tax rate of 130 per cent.
The Democrats endorse the principle that work-ready,
workforce age special benefit recipients should actively seek employment.
However, newly released TPV holders with little or no English, high levels of
poverty, unstable accommodation, no understanding of administrative practices
are least able to sustain the devastating impact of breaching. Consideration
should be given to exempting newly released TPV holders from imposition of
breaching for 26 weeks post grant of TPV, while providing access to language,
literacy, job search and employment programs.
The Democrats will explore amendments to try and address the
concerns with the legislation we have expressed in this report, and would not
be inclined to support the Bill if such amendments were not successful.
Senator Brian Greig
Democrats’
Spokesperson for Family & Community Services
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