Introduction
Purpose of the Bill
1.1 The Social Services Legislation Amendment (Queensland Commission Income
Management Regime) Bill 2017 (the Bill) was introduced into the House of
Representatives on 24 May 2017.[1]
1.2
The Bill amends the Social Security (Administration) Act 1999 (the
Social Security Administration Act) to continue the income management component
of Cape York Welfare Reform for a further two years until 30 June 2019.[2]
1.3
Funding of income management was due to cease on 30 June 2017, however
the Government has decided to extend income management in all existing
locations until 30 June 2019 to ensure continuity of support for its
participants.[3]
Background
1.4
Income management was first introduced in the Northern Territory in 2007
as part of the Northern Territory Emergency Response.[4]
Approximately 25 000 people in specific locations across Australia are now on
income management, a large proportion of whom are Indigenous.[5]
1.5
Income management quarantines a proportion of a recipient's social security
benefits on a BasicsCard (similar to an EFTPOS card) which can only be used at
approved merchants and used to buy basic essentials of life such as food,
clothing, housing and utilities.[6]
A BasicsCard cannot be used to withdraw cash or purchase excluded goods and
services, including alcohol, pornography, tobacco products and gambling
products and services.[7]
1.6
As part of the 2017-18 Budget, the Government announced that income
management would be extended in all existing locations until 30 June 2019. Income
management is an element of the Cape York Welfare Reform program which operates
in the Queensland communities of Aurukun, Coen, Hope Vale, Mossman Gorge and
Doomadgee.[8]
1.7
The Social Security Administration Act provides that a person can
only be subject to income management under section 123UF of the Act after a
decision by the Family Responsibilities Commission made before 1 July 2017. The
Bill amends this provision to apply to decisions made prior to 1 July 2019.[9]
Legislative scrutiny
Senate Standing Committee for the
Scrutiny of Bills
1.8
The Senate Standing Committee for the Scrutiny of Bills considered the
Bill in Scrutiny Digest 6 of 2017 and made no comment on the Bill.[10]
Parliamentary Joint Committee on
Human Rights
1.9
The Parliamentary Joint Committee on Human Rights (human rights
committee) noted that placing a person on compulsory income management for any
period of time engages and limits the right to equality and non-discrimination,
the right to social security and the right to privacy and family.[11]
1.10
The human rights committee noted that each of these rights was discussed
in the context of the 2016 Review of Stronger Futures
Measures which focused on the income management regime's
operation in the Northern Territory.[12]
However, the committee's report also noted that the income management regime
applied in Cape York and facilitated by the Queensland Family Responsibilities
Commission may be less restrictive on rights than other location-based regimes
such as that applied in the Northern Territory.[13]
1.11
Notwithstanding this, the human rights committee noted that the
application of income management in Cape York may be compulsory rather than
voluntary and therefore drew the Parliament's attention to the human rights
implications identified in the 2016 Review of Stronger Futures Measures
report.
Conduct of the inquiry
1.12
On 13 June 2017, the Senate referred the provisions of the Bill to the
Community Affairs Legislation Committee for inquiry and report by 20 June 2017.[14]
1.13
Details of the inquiry, including a link to the Bill and associated
documents, were placed on the committee's website.[15]
The committee wrote to relevant individuals and organisations inviting
submission to the inquiry by 16 June 2017.
1.14
The committee received seven submissions which are listed at Appendix 1.
1.15
The committee thanks those individuals and organisations who contributed
to the inquiry.
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