Footnotes

Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, No. 31 – 17 June 2014, p. 888.

[2]        Explanatory Memorandum (EM), p. 5.

[3]        The Hon. Luke Hartsukyer MP, Deputy Leader of the House and Assistant Minister for Employment, House of Representatives Hansard, 4 June 2014, p. 3.

[4]        The Hon. Luke Hartsukyer MP, Deputy Leader of the House and Assistant Minister for Employment, House of Representatives Hansard, 4 June 2014, p. 4.

[5]        https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs (accessed 26 August 2014).

[6]        Senate Education, Employment and Workplace Relations Committee, Social Security Legislation Amendment (Employment Services Reform ) Bill 2008 [Provisions] Report, p.4.

[7]        Senate Education, Employment and Workplace Relations Committee, Social Security Legislation Amendment (Employment Services Reform ) Bill 2008 [Provisions] Report, pp. 5-6.

[8]        EM, p. 10.

[9]        Social Security (Administration) Act 1999, s. 42M.

[10]      Social Security (Administration) Act 1999, s. 42N.

[11]      Social Security (Administration) Act 1999, s. 3, Schedule 1.

[12]      Social Security Legislation Amendment (Stronger Penalties for Serious Failures) Bill 2014, Schedule 1, ss. 1-5; Social Security (Administration) Act 1999, s. 42Q(1).

[13]      EM, p.5.

[14]      Social Securities Act 1991, ss. 14A(7).

[15]      EM, p. 5.

[16]      EM, p. 5.

[17]      EM, p. 2.

[18]      Senate Standing Committee for the Scrutiny of Bills. Alert Digest No. 8 of 2014, 9 July 2014, p. 49.

[19]      Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, pp 66-70.

[20]      EM, pp. 10-15.

[21]      Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, pp 66-70.

[22]      Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, p. 68.

[23]      EM, p. 11.

[24]      Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, p. 69.

[25]      Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, p. 70. For example, women are generally more likely to be welfare recipients and to have a range of caring responsibilities that intersect with the right to social security.

[26]      Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, p. 70.

[27]      Submission 9, p. 5.

[28]      EM, p. 2.

Chapter 2 - Key issues

[1]        See: St Vincent de Paul National Council, Submission 1, pp. 4–5; National Welfare Rights Network, Submission 4, pp. 6–7; Australian Council of Social Service, Submission 5, p. 1.

[2]        See: Submission 1; Anglicare Australia, Submission 3; Submission 4; BoysTown, Submission 6; Brotherhood of St Laurence, Submission 7.

[3]        See: Submission 4, pp. 7–8; Submission 6, p. 5.

[4]        See: Submission 1; Submission 4.

[5]        See: Submission 6; Submission 7.

[6]        See: Submission 1, pp. 4–5; Submission 4, pp. 6–7; Australian Council of Social Service, Submission 5, p. 1.

[7]        Submission 7.

[8]        The Hon. Luke Hartsukyer MP, Deputy Leader of the House and Assistant Minister for Employment, House of Representatives Hansard, 4 June 2014, p. 4.

[9]        Department of Employment, Submission 9, p. 6.

[10]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, pp. 38–39.

[11]      A Vulnerable Indicator will be placed on a jobseeker's record where the Secretary has made a determination that a person is experiencing financial exploitation or hardship, or homelessness or a risk of homelessness. See Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010; Explanatory Statement, Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010, p. 2.

[12]      Submission 9, p. 6.

[13]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 46.

[14]      Department of Employment, answer to question on notice, 18 August 2014 (received
20 August 2014).

[15]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 46.

[16]      Ms Moya Drayton, Group Manager, Job Services Australia Group, and Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 39.

[17]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 47.

[18]      Submission 1, p. 5; Submission 6.

[19]      Financial Rights Legal Centre, Submission 2.

[20]      Submission 9, p. 7.

[21]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[22]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 47.

[23]      See: Submission 1; Submission 3; Submission 4; Submission 6; Submission 7.

[24]      On 18 September 2013 the Department of Education and the Department of Employment was created out of the former Department of Education, Employment and Workplace Relations.

[25]      Submission 4, p. 2; Submission 3, p. 4.

[26]      Submission 4, p. 9.

[27]      The Hon. Luke Hartsukyer MP, Deputy Leader of the House and Assistant Minister for Employment, House of Representatives Hansard, 4 June 2014, p. 4.

[28]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 38.

[29]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 45.

[30]      Submission 4, pp. 7–8; Submission 6, p. 5.

[31]      Submission 4, pp. 7–8; Submission 6, p. 5. Under the Newstart amendments a job seeker under the age of 30 will need to wait six months for income support. See Social Security Legislation Amendment (Increased Employment Participation) Bill 2014.

[32]      Ms Maree O'Halloran AM, President, National Welfare Rights Network, Committee Hansard, 18 August 2014, p. 9.

[33]      Mr Roland Manderson, Acting Executive Director, Anglicare Australia, Committee Hansard, 18 August 2014, p. 22.

[34]      See: Dr John Falzon, Chief Executive Officer, St Vincent De Paul Society National Council, Committee Hansard, 18 August 2014, pp. 15–23; Professor Shelley Mallett, General Manager, Research and Policy Centre and Ms Eve Bodsworth, Research Manager, Research and Policy Centre, Brotherhood of St Laurence, Committee Hansard, 18 August 2014, pp. 15–23.

[35]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 42.

[36]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 42.

[37]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 41.

[38]      Submission 4, p. 3.

[39]      Submission 9, p. 6.

[40]      Submission 9, p. 6.

[41]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 38.

[42]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 38.

[43]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 38.

[44]      National Employment Services Association, Submission 8, p. 4.

[45]      Submission 9, p. 9.

[46]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 41.

[47]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[48]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[49]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[50]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[51]      Australian Government, Department of Social Security, 3.1.13.40 Serious Failures & Penalties, http://guides.dss.gov.au/guide-social-security-law/3/2/8/60 (accessed 19 August 2014).

[52]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 39.

[53]      Australian Government, Department of Social Security, 3.1.13.40 Serious Failures & Penalties, http://guides.dss.gov.au/guide-social-security-law/3/2/8/60 (accessed 19 August 2014).

[54]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 39.

[55]      Ms Sheryl Lewin, Acting Deputy Secretary, Social Services, Department of Human Services, Committee Hansard, 18 August 2014, p. 46.

[56]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 46.

[57]      Social Security (Reasonable Excuse – Participation Payment Obligations) (Employment) Determination 2014 (No. 1).

[58]      Social Security (Reasonable Excuse – Participation Payment Obligations) (Employment) Determination 2014 (No. 1); Explanatory Statement, Social Security (Reasonable Excuse – Participation Payment Obligations) (Employment) Determination 2014 (No. 1), p. 1.

[59]      Explanatory Statement, p. 1.

[60]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 48.

[61]      Submission 9, p. 4.

[62]      Submission 9, p. 4.

[63]      Social Security (Reasonable Excuse – Participation Payment Obligations) (Employment) Determination 2014 (No. 1). s. 6(3).

[64]      Social Security (Reasonable Excuse – Participation Payment Obligations) (Employment) Determination 2014 (No. 1). s. 6(4).

[65]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 48.

[66]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 39.

[67]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[68]      Ms Moya Drayton, Group Manager, Job Services Australia Group, and Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[69]      Ms Amy Meers, Executive Officer, National Welfare Rights Network, Committee Hansard, 18 August 2014, p. 14.

[70]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 45.

[71]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 45.

[72]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 45.

[73]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 45.

[74]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 45.

[75]      Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Department of Employment, Committee Hansard, 18 August 2014, p. 44.

[76]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 47.

[77]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 47.

[78]      Ms Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard, 18 August 2014, p. 43.

Labor Senators’ Dissenting Report

[1] See: National Welfare Rights Network, Submission 4, pp. 10-11; David Thompson, Jobs Australia, Committee Hansard, 18 August 2014, p. 8.

[2] See: St Vincent de Paul, Submission 1, pp. 4-5; Submission 4, pp.6-7; Australian Council of Social Services, Submission 5, p.1.

[3] See: Submission 1; Anglicare Australia, Submission 3; Submission 4; BoysTown, Submission 6; Brotherhood of St Lawrence, Submission 7.

[5] David Thompson, Chief Executive Officer, Jobs Australia, Committee Hansard, 19 August 2014, p 1.

[6] Amelia Meers, Executive Officer, National Welfare Rights Network, Committee Hansard, 18 August 2014, p.  11.

[7] Department of Employment, Submission 9, p. 6.

[8] Submission 9, p. 6.

[9] Maree O’Halloran AM, President, and Amelia Meers, Executive Officer, National Welfare Rights Network, Committee Hansard, 18 August 2014, p 13.

[10] See: Submission 1; Submission 3; Submission 4; Submission 5; Submission 7.

[11] See: Submission 1; Submission 4; Submission 6; Submission 7.

[12] Professor Shelley Mallett, General Manager, Research and Policy Centre, Brotherhood of St Laurence, Committee Hansard, 18 August 2014, p. 19.

[13] Submission 4, p. 4.

[14] David Thompson, Chief Executive Officer, Jobs Australia, Committee Hansard, 18 August 2014, p. 3.

[15] Submission 1; Submission 4; Submission 5.

[16] Submission 9, p. 6.

[17] Maree O’Halloran AM, President, National Welfare Rights Network, Committee Hansard, 18 August 2014, p. 10.

[18] David Thompson, Chief Executive Officer, Jobs Australia, Committee Hansard, 18 August 2014, p. 4.

[19] Submission 5, p. 1.

[20] Submission 5, p. 1.

[21] Submission 4, p. 8.

[22] Professor Shelley Mallett, General Manager, Research and Policy Centre, Brotherhood of St Laurence, Committee Hansard, 18 August 2014, p. 22.

[23] See: Submission 4.

[24] Submission 6, p. 4.

[25] Mr John Perry, General Manager, Employment, Education and Training, BoysTown, Committee Hansard, 18 August 2014, p. 32.

[26] Maree O’Halloran AM, President, National Welfare Rights Network, Committee Hansard, 18 August 2014,  p. 12.

Australian Greens’ Dissenting Report

[1] Dr Kemran Mestan, Private capacity, Committee Hansard, 18th August  2014, p.  27.

[2] Dr John Falzon, Chief Executive Officer, St Vincent de Paul Society National Council, Committee Hansard,  18th August  2014, p.  19.

[3] Dr John Falzon, Chief Executive Officer, St Vincent de Paul Society National Council, Committee Hansard, 18th August 2014, p.  15.

[4] Professor Shelley Mallett, General Manager, Research and Policy Centre, Brotherhood of St Laurence, Committee Hansard, 18th August 2014, p.  21.

[5] Ms Maree AM O’Halloran, President, National Welfare Rights Network, Committee Hansard, 18th August 2014, p.  9.

[6] Dr Kemran Mestan, Private capacity, Committee Hansard, 18th August 2014, p.  27.

[7] Moya Drayton, Group Manager, Job Services Australia Group, Department of Employment, Committee Hansard,  18th August  2014, p.  42.

[8] Peter Davidson, Senior Advisor, Australian Council of Social Service, Committee Hansard,  18th August  2014, p.  24

[9] Ms Maree O’Halloran President, National Welfare Rights Network, Committee Hansard,  18th August  2014, p.  13

[10] Dr John Falzon, Chief Executive Officer, St Vincent de Paul Society National Council, Committee Hansard,  18th August  2014, p.  18.