Footnotes

CHAPTER 1 - Introduction

[1]        The Hon Luke Hartsuyker MP, Assistant Minister for Employment and Deputy Leader of the House, House of Representatives Hansard, 10 September 2015, pp 9746–9751.

[2]        Journals of the Senate, 17 September 2015, pp 3146–3147.

[3]        Senate Standing Committee on Education and Employment, Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/job_seeker_compliance (accessed 3 November 2015).

[4]        See for example Senator Fierravanti-Wells, Assistant Minister for Multicultural Affairs, Senate Hansard, 14 October 2015, p. 87; Julie Collins MP, House of Representatives Hansard, 13 October 2015, p. 83.

[5]        Social Security Act 1991; Social Security (Administration) Act 1999, Schedule 1.

[6]        Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011, Explanatory Memorandum, p. 2.

[7]        Social Security Legislation Amendment (Job Seeker Compliance) Act 2011, s 42SA.

[8]        Australian Government, Budget 2014–15, Building a strong welfare system, 13 May 2014, p. 1, available at http://www.budget.gov.au/2014-15/content/glossy/welfare/html/welfare_01.htm (accessed 3 November 2015).

[9]        The Social Security Legislation Amendment (Stronger Penalties for Serious Failures) Bill 2014 did not pass both Houses of Parliament.

[10]      The Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 did not pass both Houses of Parliament and was discharged from the Senate Notice Papee on 28 October 2014.

[11]      The Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014 did not pass both Houses of Parliament and was discharged from the Senate Notice Paper on 28 October 2014.

[12]      The Social Security Legislation Amendment (Strengthening the Job Seeker Compliance Framework) Bill 2014 with ten opposition amendments agreed to was passed by both Houses of Parliament on 3 December 2014.

[13]      Social Security Legislation Amendment (Strengthening the Job Seeker Compliance Framework) Bill 2014, Explanatory Memorandum, p. 2; The Hon Luke Hartsuyker MP, Assistant Minister for Employment and Deputy Leader of the House, House of Representatives Hansard, 25 September 2014, p. 10.

[14]      Senate Standing Committee on Education and Employment, Social Security Legislation Amendment (Strengthening the Job Seeker Compliance Framework) Bill 2014 [Provisions], November 2014, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/Strengthening_Job_Seeker/Report (accessed 3 November 2015).

[15]      The Hon Luke Hartsuyker MP, Assistant Minister for Employment and Deputy Leader of the House, House of Representatives Hansard, 10 September 2015, p. 9746.

[16]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Explanatory Memorandum, p. 2.

[17]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Explanatory Memorandum, p. 2.

[18]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Explanatory Memorandum, p. 2.

[19]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Explanatory Memorandum, pp 2–3; Parliamentary Library, Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Bills Digest, No. 39, 5 November 2015, p. 2.

[20]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Explanatory Memorandum, p. 3.

[21]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Statement of Compatibility with Human Rights, Explanatory Memorandum, p. 42.

[22]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Statement of Compatibility with Human Rights, Explanatory Memorandum, p. 36.

[23]      Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015, Explanatory Memorandum, p. 3.

CHAPTER 2

[1]        Department of Employment, Submission 14, p. 1.

[2]        Jobs Australia, Submission 8, p. 3.

[3]        Department of Employment, Submission 14, p. 1.

[4]        Jobs Australia, Submission 8, p. 5.

[5]        National Welfare Rights Network, Submission 13, p. 4.

[6]        Australian Unemployed Workers' Union, Submission 6, pp 3–4; St Vincent de Paul Society, Submission 11, pp 2–5.

[7]        National Welfare Rights Network, Submission 13, pp 8 and 16.

[8]        Australian Council of Social Service, Submission 5, pp 2–3.

[9]        Department of Employment, Submission 14, p. 8.

[10]      Department of Employment, Submission 14, p. 8.

[11]      Department of Employment, Submission 14, p. 1.

[12]      Jobs Australia, Submission 8, pp 3–4.

[13]      Australian Association of Social Workers, Submission 2, p. 2.

[14]      Australian Unemployed Workers' Union, Submission 6, p. 4.

[15]      St Vincent De Paul, Submission 11, p. 3.

[16]      Department of Employment, Submission 14, p. 9.

[17]      Department of Employment, Submission 14, p. 9.

[18]      Department of Employment, Submission 14, p. 9.

[19]      Department of Employment, Submission 14, p. 7.

[20]      Jobs Australia, Submission 8, p. 4.

[21]      Australian Council of Social Service, Submission 5, p. 2; see also Australian Unemployed Workers' Union, Submission 6.

[22]      Department of Employment, Submission 14, p. 4.

[23]      National Welfare Rights Network, Submission 13, p. 4.

[24]      National Welfare Rights Network, Submission 13, p. 8.

[25]      National Welfare Rights Network, Submission 13, p. 8.

[26]      Willing Older Workers, Submission 7, p. 4; Mrs Marilyn Dorothea King, President, Willing Older Workers, Proof Committee Hansard, 13 November 2015, p. 19.

[27]      Department of Employment, Submission 14, p. 1.

[28]      Department of Employment, Submission 14, p. 2.

[29]      Department of Employment, Submission 14, p. 2.

[30]      National Welfare Rights Network, Submission 13, p. 3.

[31]      National Welfare Rights Network, Submission 13, p. 5.

[32]      Jobs Australia, Submission 8, p. 4.

[33]      Department of Employment, Submission 14, p. 3.

[34]      Department of Employment, Submission 14, p. 3.

[35]      Hon Julie Collins MP, Shadow Minister for Employment Services, House of Representatives Hansard, 13 October 2015, p. 84; Australian Unemployed Workers' Union, Submission 6, p. 4.

[36]      Australian Unemployed Workers' Union, Submission 6, pp 4–5.

[37]      Mr Alex Portnoy, Submission 1, p. 1.

[38]      Willing Older Workers, Submission 7, p. 3.

[39]      Willing Older Workers, Submission 7, p. 3.

[40]      Department of Employment, Submission 14, p. 3.

[41]      Department of Employment, Submission 14, pp 3–4.

[42]      Department of Employment, Submission 14, p. 3.

[43]      Australian Council of Social Service, Submission 5, p. 2.

[44]      National Welfare Rights Network, Submission 13, pp 6–7.

[45]      National Welfare Rights Network, Submission 13, pp 7 and 8.

[46]      Willing Older Workers, Submission 7, p. 3.

[47]      Australian Unemployed Workers' Union, Submission 6, p. 6.

[48]      National Welfare Rights Network, Submission 13, p. 9.

[49]      Department of Employment, Submission 14, p. 5.

[50]      Department of Employment, Submission 14, p. 5.

[51]      Department of Employment, Submission 14, p. 5.

[52]      National Welfare Rights Network, Submission 13, p. 9.

[53]      Jobs Australia, Submission 8, p. 4.

[54]      Department of Employment, Submission 14, p. 6.

[55]      Department of Employment, Submission 14, p. 6.

[56]      Department of Employment, Submission 14, p. 7.

[57]      Department of Employment, Submission 14, p. 7.

[58]      Jobs Australia, Submission 8, p. 5.

[59]      National Welfare Rights Network, Submission 13, p. 9.

[60]      National Welfare Rights Network, Submission 13, p. 10.

[61]      National Welfare Rights Network, Submission 13, pp 9–10.

[62]      National Welfare Rights Network, Submission 13, p. 11.

[63]      National Welfare Rights Network, Submission 13, p. 10.

[64]      National Welfare Rights Network, Submission 13, pp 11–12.

[65]      Social Security (Administration) Act 1999, section 42NC.

[66]      Australian Association of Social Workers, Submission 2, p. 1

[67]      Australian Association of Social Workers, Submission 2, p. 1

[68]      National Welfare Rights Network, Submission 13, p. 13.

[69]      National Welfare Rights Network, Submission 13, p. 13.

[70]      National Welfare Rights Network, Submission 13, p. 15.

[71]      Carers Australia, Submission 4, p. 1.

[72]      Carers Australia, Submission 4, pp 1–2.

[73]      Carers Australia, Submission 4, p. 1.

[74]      Children with Disability Australia, Submission 10, p. 1.

[75]      Children with Disability Australia, Submission 10, pp 2–3.

[76]      Children with Disability Australia, Submission 10, p. 3.

[77]      Volunteering Victoria, Submission 3, p. 2.

[78]      Volunteering Victoria, Submission 3, p. 2.

[79]      Australian Council of Social Service, Submission 5, p. 2; see also Australian Unemployed Workers' Union, Submission 6, p. 3.

[80]      National Welfare Rights Network, Submission 13, p. 15.

[81]      Jobs Australia, Submission 8, p. 5.

[82]      Ms Kathy Dora, Submission 9, p. 2.

[83]      Mr Derek Stiller, Branch Manager, Job Seeker Compliance and Activation, Department of Employment, Proof Committee Hansard, 13 November 2015, p. 36.

[84]      Mr Derek Stiller, Branch Manager, Job Seeker Compliance and Activation, Department of Employment, Proof Committee Hansard, 13 November 2015, p. 36.

[85]      Under new Standing Order 25(2A), legislation committees, when examining bills or draft bills, shall take into account any comments on the bills published by the Standing Committee for the Scrutiny of Bills.

[86]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 10, 16 September 2015, p. 5.

[87]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 10, 16 September 2015, pp 5–6.

[88]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 10, 16 September 2015, p. 6. The Australian Council of Social Service also expressed concern about the 'reference of significant definitional issues to legislative instrument, including the adequacy of job search for which serious penalties apply': see The Australian Council of Social Service, Submission 5, p. 2.

[89]      Senate Standing Committee for the Scrutiny of Bills, Report, No. 12, 11 November 2015, p. 728.

[90]      Senate Standing Committee for the Scrutiny of Bills, Report, No. 12, 11 November 2015, p. 729.

[91]      Senate Standing Committee for the Scrutiny of Bills, Report, No. 12, 11 November 2015, p. 729.

[92]      Willing Older Workers, Submission 7, pp 4–5.

[93]      National Welfare Rights Network, Question on notice, No. 1 (received 19 November 2015).

[94]      Willing Older Workers, Submission 7, p. 4.

[95]      Willing Older Workers, Submission 7, p. 4.

[96]      Social Security Legislation Amendment (Strengthening the Job Seeker Compliance Framework) Bill 2014.

LABOR SENATORS' DISSENTING REPORT - Key issues

[1]        National Welfare Rights Network, Submission 13, p. 7.

[2]        Mr Owen Bennett, Australian Unemployed Workers Unions, Proof Committee Hansard, 13 November 2015, p.6.

[3]        Mr Owen Bennett, Australian Unemployed Workers Union, Proof Committee Hansard, 13 November 2015, p. 11.

[4]        Mr David Thompson, Jobs Australia, Proof Committee Hansard, 13 November 2015, p. 22.

[5]        Parliamentary Joint Committee on Human Rights Human Rights Scrutiny Report, twenty-ninth report of the 44^th Parliament, 13 October 2015, pp 25 – 30.

[6]        St Vincent De Paul, Submission 11, p. 4.

AUSTRALIAN GREENS' DISSENTING REPORT - Introduction

[1]        Australian Unemployed Workers’ Union, Submission 6, p. 3.

[2]        Australian Council of Social Service, Submission 5, p. 1.

[3]        St Vincent de Paul Society, Submission 11, p. 4. 

[4]        Jobs Australia, Submission 8, p. 3.

[5]        National Welfare Rights Network, Submission 13, p. 5.

[6]        St Vincent de Paul Society, Submission 11, p. 2. 

[7]        National Welfare Rights Network, Submission 13, p. 8.

[8]        St Vincent de Paul Society, Submission 11, p. 3. 

[9]        National Welfare Rights Network, Submission 13, p. 10.

[10]      National Welfare Rights Network, Submission 13, p. 11.

[11]      Ms. Katherine Beaumont, President National Welfare Rights Network, Proof Committee Hansard, 13th November 2015, p. 1.

[12]      Parliamentary Committee on Human Rights, Twenty-ninth report of the 44th Parliament, p. 30.

[13]      National Welfare Rights Network, Submission 13, p. 10.

[14]      Mrs King, Willing Older Workers Wow! Incorporated, Proof Committee Hansard, 13 November 2015, p. 18.

[15]      St Vincent de Paul Society, Submission 11, p. 3.